Complaint before the Special Prosecutor's Office against Corruption and Organised Crime of 18 June 2023

Apolozan case · ERDF fraud (Bilbao / Alicante / EU)

Complaint before the Special Prosecutor's Office against Corruption and Organised Crime of 18 June 2023

The Anti-Corruption Prosecutor's Office exists for the cases that the territorial circuits cannot or should not investigate about themselves. This document presented it with one.

The complaint

  • Filed on 18 June 2023 before the Special Prosecutor's Office against Corruption and Organised Crime.
  • Signed by Mr Pascu Cosmin Apolozan, in defence of the rights of the affected family.
  • It expressly points to the destruction of evidence critical to the defence in the Bilbao proceedings, with reference to the July forensic expert report (A.33).

The competence invoked

The subject matter fitted the body's scope: management of funds co-financed by the European Union (A.39.4), conduct of public bodies (A.4, A.5, A.6) and the expert-attested alteration of a judicial record (A.33). Article 5 of the Organic Statute of the Public Prosecutor's Office requires, before any complaint, the carrying out of steps or the ordering of a reasoned filing; Article 124 of the Constitution entrusts the Prosecutor with the defence of legality.

What is on record afterwards

  • No investigation step carried out by the Special Prosecutor's Office is on record.
  • On record is the referral of the matter to the territorial scope of Bizkaia — the circuit whose conduct was denounced — where the filing decree of the Chief Prosecutor was issued (A.35).

How to verify it

Read the complaint and its date; then read the decree of A.35 and its territorial origin. The journey — from the specialised body in Madrid to the Bilbao office — appears in the headings of both documents.

The factThe complaint before the Anti-Corruption Prosecutor's Office — with a forensic expert report and European funds involved — ended up resolved within the territorial scope of Bizkaia, the very one whose conduct it denounced.
The questionWhat is the point of a specialised prosecutor's office if the complaint against a territorial circuit ends up dispatched by that same circuit?

Documentary evidence · A.34 · 18 June 2023 · Accusatory impulse or complaint
EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.