Within a month, the Burgas District Court will make its final decision on whether or not to uphold the conviction of a 55-year-old German man convicted of fornication with a 5-year-old child. This became clear today after a hearing in the case, which is being heard in camera because it involves a minor.
Recall that the crime was committed on August 18, 2024 in the resort “Sunny Beach” and for it 55-year-old Andreas Jan was sentenced in the first instance to 2 years in prison, with an initial general regime of execution. The punishment provided for in the law for the act in question is from 1 to 6 years, but since the case in the District Court of Nessebar was heard under the summary procedure and the defendant confessed to the crime, the sentence was reduced by one third.
Today’s hearing came about because Andreas Jan appealed against the sentence imposed on him. He was escorted to the courtroom, where the girl’s parents were also present. The moment she saw him the child’s mother burst into tears. The family was represented by lawyer Ivo Baev, who explained to a journalist of Iskra.bg that at the first instance he pleaded for 4 years in prison, and now given institutional grips he cannot ask for more and will insist that the sentence be confirmed.
What will be the court’s decision – it will become clear in a month.
What is known about the case?
The crime was committed on August 18, 2024. The victim, who is from the Netherlands, was on holiday at a hotel in the resort. She was a guest in a hotel in Sunny Beach with her family. She was 5 years old at the time of the offence. At 12:45 on that date, her mother and aunt were in the lobby of their hotel when they decided to go to the swimming pool, while the girl asked to stay and play on her iPad. Going to the pool the two women had no view of the child who was sitting on a couch. Around 1 p.m., the aunt decided to go to the restaurant, checking on her niece.
10 minutes later, the mother also went to check on her daughter. That’s when she saw a strange man lift her child off the couch and carry her to what she later found out was the men’s room. After 2-3 seconds, the child returned and sat on the couch again. He was followed by the stranger, who also sat in his previous seat.
The mother asked her daughter where the man was taking her, to which she replied “the men’s room”. Upon hearing this, the adult turned to the stranger and asked him – “Are you crazy, what are you doing touching my child?” At this point the man took his drink and started to walk out. The woman followed him and he turned and told her he was doing nothing, then hurried his pace and hid from her view.
The woman returned to the child and asked him what had happened. He told her that the stranger had been sitting on another couch before sitting down next to her. At one point he got up, walked over to him and rubbed his hand over her private parts. He then came back and sat on the other couch. After repeating this 3 times, on the fourth time, when he went to the child, the man reached into his panties and again rubbed his hand over his private parts. While telling all this to her mother, the little one was scared and angry.
The same day, at around 21:00, after coming home from the RU-Nessebar, the mother decided to smoke a cigarette, in front of the lobby. There she noticed the man touching her daughter entering the hotel. She followed him and knocked several times after him, but he did not turn around. The mother caught up with him and took his hand. She insisted they go to the front desk, but he pushed her away and left the hotel. She followed him in and out, but he still managed to disappear from her sight. A.Ya. was eventually detained on August 27 last year at Burgas airport. He has confessed to the act.
For this offence, the German was sentenced to 2 years’ imprisonment, with an initial general sentence. From this time he is to be deducted the period during which he was detained initially by prosecutor’s order and subsequently by pre-trial detention order, from 27 August 2024 until the entry into force of the sentence. According to the first-instance verdict, he will also have to pay just over 25 180 leva in damages to the parents, the child and costs incurred during the pre-trial proceedings.
