The charge was upheld, but no justification was given for the release, lawyer Ari Bohne confirms to Dagbladet.
The man was charged with murder because he failed to help Norwegian Anne Mathia Morken, 21, according to the lawyer.
They were released on the orders of the Spanish Public Prosecutor's Office.
At 01:00 on the night of September 13 last year, the Norwegian was found dead on a street in the Spanish holiday town of Torremolinos.
The autopsy report stated that the most likely cause of death was drug use.
Two men charged
Two of the accused
In March, it became known that Spanish police had charged two men in their 30s in connection with the death. Police believe they dumped the body in the street two days after Morquin died of an overdose in their apartment.
Police suspect the main man in the case was arrested on February 23. He was arrested at a bus station in Madrid when he tried to travel to Portugal with false papers.
This is the man who is now released.
It is not known how he is facing these charges or whether he has been appointed a defense attorney.
– Our Spanish lawyer's assessment is that the prisons are full and it is not possible to keep him in custody until the main hearing. Bohn says of his release that the detention period in Spain is up to two years, and the main hearing expected in this case could take two to three years in the future.
The second suspect is said to have travelled to Morocco via Tangier two days after Morquin's body was found, according to Spanish media.
“They're looking for him, and I don't know anything more,” the lawyer says.
Found dead: Witness questioned in Norway
The court session was held.
A hearing was held at the Spanish Court of Inquiry – which is overseeing the investigation – and four witnesses were questioned there.
– They said the same thing to the police, so there were no new instructions from the court.
– In Spain, things take time, the lawyer adds.
– How's that for the family?
– It's a departure from what we're used to in Norway, but they just have to deal with it.
Dagbladet sent several questions to the Spanish police about the case, but did not receive an answer.
Captured on surveillance video
Police obtained surveillance video showing the men taking the 21-year-old to their shared apartment in Fuengirola on the night of September 11.
Two days later, they were videotaped leaving the building carrying a body.
The main theory of the police is that the accused gave Morquin the drugs that led to her death. They then allegedly disposed of the body by driving it to the nearby city of Torremolinos, a journey of about half an hour.
It was a group of young men who found Morkin between two cars in the Binyamina residential area on the night of Saturday, September 13.
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