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KPKONPI was ordered to pay BGN 50,000 in compensation to two spouses, against whom there was a confiscation case. The seizure process in favor of the state was lost by the commission of three instances. This also gives reasons for the family to seek compensation for moral damage. Your claim against the commission under the State Liability Law is for a total of BGN 300,000.
However, Judge Martina Kirova of the Yambol District Court estimated the suffering caused by the commission at 50,000 BGN, reports “Now “ after verification in court records. The Yambol District Court decision is not final and KPKONPI may appeal in two more instances.
North Dakota and his wife DD became the subject of an inspection by the forfeiture commission, now part of KPKONPI, in 2011. The motive is a 2008 verdict against ND for the fact that in October 2001 in Kazanlak it acquired, stored and delivered an improvised explosive substance: TNT.
Except against ND and his wife, the commission’s investigation 25 years ago was also directed against their son from a previous marriage, as well as against the woman’s company, which runs one of Yambol’s famous restaurants. Liens and foreclosures have been imposed on all family assets. In August 2011, the commission submitted to the court a request for the confiscation of assets worth BGN 332,417, which, in its opinion, were acquired through criminal activities. Two years later, the trial ended in the first instance: the commission lost. The court held that the family had proven legitimate sources of funds and sufficient income. The court also explained that the commission had not proven a direct or indirect connection between the criminal activity and the acquired property. The Commission appealed in two other instances, but in early 2015 it finally lost the case.
The spouses claim that their illegal actions have restricted and violated their rights, that the arrests have prevented them from covering even normal household expenses and living normally. They stopped servicing their loans and couldn’t manage their restaurant because they couldn’t pay vendors and staff. The stress of confiscation procedures has affected health and family relationships.
The magistrates point out that the commission confirmed the claim in three instances, despite the fact that in the course of the case sufficient evidence was collected on the origin of the funds with which the family acquired their property. The Court emphasizes that confiscation processes affect with greater intensity and to a greater extent the right to work and the right to private property, which directly affects the freedom of the person.
Therefore, ND received compensation of BGN 30,000, and DD – BGN 20,000. The Commission also owes them BGN 1,800 for the costs of the case. Due to the rejected part of the claims, both spouses were ordered to pay KPKONPI a total of BGN 500 for legal consulting fees.
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