Appellate Court – Varna Upholds Confiscation of Property in Baba Alino and Car under CCPC Claim.

The Varna Court of Appeal upheld the decision of the Varna District Court, which, following a claim by the Commission for the Forfeiture of Illegally Acquired Assets, ordered the forfeiture in favour of the state of property acquired through illegal activity.

Among the assets confirmed for forfeiture are a land plot of 1,548 sq. M in the Baba Alino area, as well as a car.

The Varna Court of Appeal upheld the essential part of the Varna District Court’s ruling in civil case No. 481/2017.

The court also confirmed the order requiring the defendants to pay the monetary equivalent of two alienated real estate properties in the total amount of BGN 133,386.50, as well as the forfeiture of ideal shares of a real estate property contributed of a commercial company.

The appellate court found that the case established a significant discrepancy between lawful income and acquired property.

The court also examined the issue of whether a link must exist between the illegal activity and the acquired property. There is conflicting case law of the Supreme Court of Cassation on this matter, which is why a case has been opened before the General Assembly of the Civil College.

In this specific case, the Varna Court of Appeal found that such a link had been proven.

In its motives, the court stated that the evidence collected, including the out-of-court admissions of the person under inspection, supported by the remaining evidence, established that illegal activity had been carried out in the period 2013–2014.

According to the court, the activity was linked to the creation and use of false certifying documents for ownership of real estate, the organisation of perjury and the subsequent sale of those properties, through which income was generated.