(Латинска сентенция)
Evidence in a theft case – cameras, witnesses and identification
In a theft case, the central issue is often not whether property disappeared, but whether the evidence reliably proves who took it, in what circumstances and with what intent. A recording, witness identification or possession of the item may be important, but no item of evidence has predetermined weight.
What must be proved?
- the identity and ownership of the movable property;
- removal without the possessor’s consent;
- the perpetrator and intent to appropriate;
- value, damage and any aggravating features;
- whether the act was completed or remained an attempt.
The prosecution and investigating authorities bear the burden of proving a publicly prosecuted charge. The accused does not have to prove innocence.
Security-camera recordings
The origin, original file, metadata, full time segment, timestamps, interruptions, compression, lighting, angle and image quality should be checked. Privately made security recordings may be admitted and examined, including through technical expertise. A vague silhouette or general resemblance is not automatically reliable identification.
Witness evidence
A witness may report personally perceived facts. Distance, duration, lighting, stress, prior familiarity, the time before questioning, consistency and possible interest in the outcome all affect reliability. Differences between initial and later accounts must be examined.
Identification
Identification under Articles 169–171 of the Bulgarian Criminal Procedure Code requires prior questioning about distinguishing features and observation conditions. A person is presented with at least three similar-looking persons; photographs may be used when direct presentation is impossible. Different identifying witnesses act separately. Prior exposure to the suspect in social media, police photographs, media or immediately before the procedure may compromise reliability.
Possession of the property
Finding the item with the accused is significant but does not automatically prove the taking. Timing, precise identification, access by others and the explanation of acquisition matter. The seizure protocol, photographs and chain linking the seized object to the exhibit must be checked.
Traces, expertise and digital data
Fingerprints, DNA and other traces must be linked to a time and manner of deposition; lawful prior access may provide an innocent explanation. Experts may examine recordings, locks, traces and value. Messages, location data, calls and online sale listings may be relevant only when lawfully obtained and viewed in context.
Defence checklist
- evidence of both the taking and authorship;
- preservation of original recordings and files;
- lawful searches, seizures and identification;
- contradictions between witnesses and objective data;
- ownership, individualisation and valuation;
- facts supporting the accused person’s account.
The accused may remain silent; silence cannot replace missing prosecution evidence. Early requests to preserve recordings and digital material may be decisive.
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This material is general information and is not legal advice for a specific case.
If you need advice on a criminal-law matter, contact attorney Mihail Tomov of the Varna Bar Association.