Arrest warrant and arrest for non-location

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

Arrest warrant and arrest for non-location

There are resolutions that are worth what they resolve and others worth what they reveal about the act that precedes them. This one does both.

The order, in its own words

Order of release and setting aside of the arrest. In Alicante, on the twenty-third of September two thousand and seventeen. […] On today's date, Constantin Claudiu Apolozan has been brought in as a detainee, under a resolution issued by Investigating Court No. 8 of Bilbao. […] The circumstances having ceased […] it is appropriate to decree provisional liberty without bail.
— Investigating Court No. 7 of Alicante, PP 1749/2017

The sequence it documents

  • Arrest warrant issued in Bilbao on the basis of the affected party's non-location.
  • Arrest carried out in Alicante and appearance before the duty court.
  • On the same day, the first judge to examine the situation sets it aside: release without bail, with only the obligation to report periodically.

The fact of contrast

The warrant's premise — the non-location — coexists on the same dates with: the affected party's address in the administrative and tax files, the provincial notifications delivered to that address (A.7) and the tax returns filed with a complete address (A.65). The Alicante resolution, by ceasing the measure within hours, places on judicial record the consistency of that premise.

What came afterwards

The mechanism repeats: in January 2019, on the eve of the oral trial, the Bilbao Provincial Court orders the arrest and imprisonment of the accused, again invoking non-location, with his address recorded in the police report (A.16).

How to verify it

Read the order: date, basis of the arrest and decision. A judicial examination of hours was enough to set it aside; that proportion is in the document.

The factThe arrest ordered for non-location was set aside on the same day the detainee was brought in, by the first court outside Bilbao to examine it.
The questionHow solid was an arrest warrant that did not survive a single day of examination by a court other than the one that issued it?

Documentary evidence · A.13 · 23 September 2017 · Investigation and coercion
EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.