5.  The applicant was born in 1966 and lives in Pazardzhik.
6.  On 10 January 2007 the police searched the applicant’s home, where they found five one hundred dollar (USD) bills, which turned out subsequently to be counterfeit.
7.  In May 2007 the applicant was charged by an investigator with having acquired those bills and with their possession, offences under Article 244 §§ 1 and 2 of the Criminal Code (see paragraph 16 below). However, the second charge was subsequently dropped and in July 2007 a prosecutor indicted the applicant for acquiring the notes “in the period between 2002 and 10 January 2007”, in the knowledge that they were counterfeit. It was noted in the description of the facts in the bill of indictment that in 2002 the applicant had sold a flat and that with part of the money had bought several one hundred dollar bills from a person on the street.
8.  The applicant was brought to court. He testified to Pazardzhik Regional Court (hereinafter “the Regional Court”), which examined the case at first instance, that it had been his brother who had given him money in 2002 after selling a flat. The applicant had bought dollars with that money, USD 1,000, of which he had been keeping USD 500 “for hard times”. He stated that he did not know that the notes were counterfeit.
9.  The applicant’s brother testified as well. He confirmed that in 2002 he had sold his flat and had given the applicant money to buy dollars. He added that in the following years he and the applicant had regularly exchanged the Bulgarian levs they had had for dollars. He admitted that he was uncertain whether the counterfeit notes found in the applicant’s home by the police had been the ones the applicant had acquired in 2002.
10.  In a judgment of 25 January 2008 the Regional Court convicted the applicant. However, the conviction was for having acquired counterfeit notes “in the period between 26 March 2005 and 10 January 2007”, as it had been only on the former date that the act of acquiring such notes had been criminalised (see paragraph 16 below). The Regional Court acquitted the applicant for having acquired the notes between 2002 and 26 March 2005.
11.  When summarising the facts of the case as it had established them, the Regional Court repeated what the applicant had said, namely that in 2002 his brother had given him money to buy dollars. It also referred to the applicant’s brother’s explanation that after 2002 the two men had regularly exchanged their Bulgarian levs for dollars. It did not comment any further on the question of when the applicant had acquired the counterfeit notes. Finding in addition that he had been aware at the time of obtaining those notes that they had been counterfeit (the key evidence in that regard had been a statement by the applicant made in a telephone conversation with another person on 9 January 2007), the Regional Court found him guilty of that charge. In addition, it found him guilty of another offence and gave him a suspended sentence of two years’ imprisonment.
12.  The applicant lodged an appeal, arguing that there was no evidence substantiating the conclusion that, when he had bought the five hundred dollar bills in 2002, he had been aware that they were counterfeit.
13.  In a judgment of 24 April 2008 the Plovdiv Court of Appeal (hereinafter “the Court of Appeal”) upheld the Regional Court’s judgment, endorsing its reasoning. Once again, when summarising the facts, it restated what the applicant had said, namely that in 2002 his brother had given him money to buy dollars, which he had done, and had kept USD 500 hidden in his house. It did not comment any further on the question as to when the applicant had acquired the counterfeit notes found on him.
14.  In an appeal on points of law lodged with the Supreme Court of Cassation, the applicant stated in particular the following:
“The two lower instances established unconditionally that [the applicant] had bought the five counterfeit dollar bank notes in the spring of 2002 with money given to him by his brother. ...
At the time that did not amount to a criminal offence, which is why [the applicant] was acquitted of having acquired the notes in the period before 26 March 2005.
But where is the proof that those notes in particular were acquired after that date? There can only be guesses ... and a conviction cannot be based on guesses.”
15.  In a final judgment of 24 November 2008 the Supreme Court of Cassation upheld the Court of Appeal’s judgment, failing to comment on the applicant’s argument that it had not been shown that he had acquired the counterfeit bank notes after 26 March 2005.