Due to the high public and media interest and following the permission of the supervising prosecutor under Article 198 of the Criminal Procedure Code, Sofia City Prosecutor's Office provides information on pre-trial proceedings initiated on 29.07.2020 in connection with the dissemination of a photograph allegedly taken in a property occupied by the then Prime Minister of the Republic of Bulgaria.
By decree of Sofia City Prosecutor's Office dated 07.01.2022, materials from pre-trial proceedings initiated in connection with new photographs published on 09.11.2021, which are claimed to be from the residence of Boyko Borisov, were joined to these proceedings. By a decree of Sofia City Prosecutor's Office of 10.05.2023, the criminal proceedings were terminated pursuant to Article 243, paragraph 1, item 1, in conjunction with Article 24, paragraph 1, item 1 of the Criminal Procedure Code. On 29.05.2023, the decree was repealed by Sofia
Appellate Prosecutor's Office with instructions to carry out additional investigative actions. The instructions were completely and correctly fulfilled.
Within the framework of the pre-trial proceedings, seven computer-technical examinations of 17 files - 16 photos and one video, as well as one additional extended complex computer-technical and face-identification expert reports were appointed and prepared.
The prepared expert reports indicate that the files with photos and video record in the case are the result of a used technical device, but although the methods of proof provided for in the Criminal Procedure Code have been exhausted, it is not possible to definitively establish whether they reflect the objective reality, since they are not the original files and the technical means by which they were made has not been established.
Evidence has been gathered in the case that photographs were forged. The expert reports found tampering in their metadata and identified inconsistencies in the images that justify the assumption of manipulation and cast doubt on the authenticity of the copies made of the photographic material. (Example - file MG_7777.JPG - contains a capture date of 25.09.2017, and the metadata was changed on 22.07.2024, which would not have occurred at the time of publication of the photo - 17.06.2020.)
The additional extended complex computer-technical and face-identification expertise, appointed after the instruction of Sofia Prosecutor’s Office of Appeal, has also examined the video file. The examination confirmed the findings of the previous expert examination. Some of the characteristics and personal information had been removed from the file, including the date of creation and the model of the device used. It is only established that an “Apple’’ brand mobile phone was used. The resolution of the video file is one of the lowest possible, which does not reflect private individual marks of objects shot at medium and far distances. The low quality of the examined frames, captured in poor lighting conditions, with camera movement, low resolution and applied compression do not allow identification of the captured reflection of the person making the recording.
Five European Investigation Orders (EIOs) have been prepared and sent by the SCPO to the following EU Member States - Germany, France, Austria, Spain, Belgium in connection with the investigated photographic and video materials, which depicted euro banknotes, as well as yellow objects resembling gold bars. As part of the investigation, the SCPO collected a lot of information from various state institutions - ministries, the Bulgarian National Bank, the National Customs Agency.
It is not possible to prove without a doubt whether the items (500 euro banknotes, gold bars and a gun) were actually at the location depicted on the photographs. It cannot be proven whether the bundles with 500 euro banknotes also contain other banknotes (besides the one visible at the top), how many there are and what their total value is.
According to the response of the Central Bank of the French Republic, one of these banknotes (with series and number U09014849096) does not exist, which further casts doubt on the authenticity of the photographs. All this leads to the conclusion that it is objectively possible that the photos taken were manipulated, including adding new details, changing existing ones or deleting others. The responses from the national banks of Germany and Spain stated that they were unable to determine whether the banknotes shown on the photographs were in circulation or had been withdrawn.
For a banknote that, according to its serial number, should have been put into circulation by the Central Bank of the Republic of Austria, the Prosecutor's Office in Vienna has requested additional information. It should be noted that in connection with the prepared EIOs, the supervising prosecutor provided the Austrian Prosecutor's Office with all the data and facts on the basis of which the investigation was initiated and conducted - photos published in the media and a video file, which were alleged to be from the home of the former Prime Minister of the Republic of Bulgaria, on which can be seen objects corresponding to the objective marks of euro banknotes and bars with precious metal. The Austrian Prosecutor's Office has sent a reply that the European Investigation Order cannot be executed, since the acts for which the investigation is conducted in Austria do not constitute a crime or an administrative offense in Austria.
During the detailed examination of the images, contained in the files, numerous inconsistencies were found - lack of watermarks on the images of the 500 euro banknotes; inconsistency in the color of hologram signs on banknote images; difference in coloration of nominal value of banknote on the images, under the available lighting; presence of blurred spots on parts of banknote images; the physical location of the used bend; difference in the structure of two or more banknotes located in one photo (very good resolution of a banknote on which the serial number is visible and blurred letters and numbers on banknotes on which the serial number is not visible). In some photos, the rubber bands used to tighten the notes are in an unnatural position, and in other photos, they are missing.
From the information received at SCPO from the Kingdom of Belgium about the items, with objective signs of precious metal bars, it is not possible to trace and establish undoubtedly whether the same were imported or exported across the border of the Republic of Bulgaria, nor whether and by whom were the subject of purchase and sale in our country.
Although all possible investigative steps have been taken, it cannot be proven beyond doubt on which date and by whom the seventeen photographs and video recordings contained in the files were taken. The dates contained in the metadata of some of the files cannot be accepted as reliable given the expertise appointed and prepared in the case. Therefore, the actual dates on which the photos were taken are not established, in order to look for the persons who visited the property. Apart from that, there is no information about the persons who visited the property at all, because the security officers from National Security Service had no obligation and did not record the data of the visitors.
In the course of the pre-trial proceedings were questioned National Security Service employees, a landscaper, as well as the persons responsible for the hygiene and household of the property inhabited by the then Prime Minister. Persons who were alleged to have given personal gifts to the then Prime Minister were questioned. They denied visiting the property and/or giving gifts.
In his capacity as a witness, B. Borisov stated that he never kept money, gold bars and other valuables in a bedside night stand. He also stated that he did not know who and when may have taken the photos and video recording, and regarding his statements to the media that the photos may have been taken by a "beautiful lady", he stated that he was joking, provoked by journalistic posts that the photos were taken by a woman.
It is impossible to establish who sent the photo and video files to various media, as they were sent from free email addresses in Guerrilla Mail, which exist for up to 60 minutes. For sending the emails, a publicly available free Wi-Fi network, located near the National Palace of Culture and maintained by the Metropolitan Municipality, was used.
In view of the above, the only possible legal conclusion is that both acts for which the pre-trial proceedings are being conducted do not constitute crimes under Art. 287a, item 3 and Art. 339a, para 1 of the Criminal Code, as well as that no evidence of another crime of a general nature was collected from the investigation.
The case does not contain evidence, nor even sufficient data to investigate a crime related to the nature of the items seen in the photos and video (euro notes, gold bars and a gun), nor a crime related to the origin of these items or the regime of their possession - for example material concealment under Art. 215 of the Criminal Code, money laundering under Art. 253 of the Criminal Code, embezzlement, bribery or other corruption crime, possession of a firearm without a proper permit under Article 339 of the Criminal Code, or another crime related to activities with firearms.
Due to the fact that the acts - subject of the investigation - do not constitute a crime, a prosecutor at the Sofia City Prosecutor’s Office has issued a decree to terminate the pre-trial proceedings. It is subject to verification by the higher instance prosecutor's office.