and set this at eight hundred and thirty-seven United States dollars. 101 On September 22, Emilio Guerrero deposited the amount of the bail before the Criminal Judge. 102 On September 23, Melba Suárez Peralta asked the Criminal Judge to reconsider the amount and increase this, because “it would not be sufficient to cover the damages and the procedural costs, even though the private accusation had been duly filed and its processing admitted.” 103 Then, on September 24, Emilio Guerrero asked the Criminal Judge to reduce the bail. 104 66. On June 28, 2005, Melba Peralta Mendoza submitted a brief to the Criminal Judge requesting action in the proceedings, arguing that the said judge could be civilly and criminally responsible “for procedural delay and not dealing promptly with the illegal act that had been committed.” In addition, she asked the Criminal Judge “to rule without further delays.” 105 67. On June 30 that year, the Criminal Judge issued a note to the Head of the Case Assignment Chamber of the Superior Court of Guayaquil, requesting that competence for processing the plenary hearing be assigned to one of the criminal courts of the district of Guayas. 106 On July 5, the First Criminal Court of Guayas ordered the proceedings to be returned to the original court so that it could complete the procedures that had not been implemented, including the decision on the request to substitute pre-trial detention presented by Emilio Guerrero and the definition of his legal situation. 107 68. On July 28, the Criminal Judge suspended the order of pre-trial detention, because Emilio Guerrero had deposited the bail amount, and returned the case file to the First Criminal Court of Guayas 108. 69. On August 23 and September 5 and 17 that year, Melba Peralta Mendoza submitted briefs to the First Criminal Court of Guayas requesting that it set a date for the public hearing of the case. 109 70. On September 8 that year, based on article 101 of the Penal Code, Emilio Guerrero asked the First Criminal Court of Guayas to declare that the criminal action had prescribed, because five years had elapsed since the issue of the court order to investigate the facts. 110 101 Cf. Decision of the First Criminal Judge of Guayas (file of annexes to the Merits Report, folio 179). 102 Cf. Brief submitted by Emilio Guerrero on September 22, 2004 (file of annexes to the Merits Report, folio 181). 103 Brief submitted by Melba Peralta on September 23, 2004 (file of annexes to the Merits Report, folio 186). 104 Cf. Brief submitted by Emilio Guerrero on September 24, 2004 (file of annexes to the Merits Report, folio 188). 105 Brief submitted by Melba Peralta on June 28, 2005 (file of annexes to the Merits Report, folio 190). 106 Cf. Note issued by the First Criminal Judge of Guayas on June 30, 2005 (file of annexes to the Merits Report, folio 192). 107 194). Cf. Decision of the First Criminal Court of Guayas of July 5, 2005 (file of annexes to the Merits Report, folio 108 Cf. Decision of the First Criminal Judge of Guayas of July 28, 2005 (file of annexes to the Merits Report, folio 196). 109 Cf. Briefs submitted by Melba Peralta on August 23 and September 5 and 17, 2005 (file of annexes to the Merits Report, folios 198 to 202). 110 204). Cf. Brief submitted by Emilio Guerrero on September 8, 2005 (file of annexes to the Merits Report, folio 21