27 against doctors “Ramiro Montenegro-López and Fabián Ernesto Espinoza-Cuesta [accusing them] as perpetrators of the crime defined in Article 456 of the Criminal Code.”74 On July 21, 1998, the Fifth Judge served the accusation upon the parties.75 On July 27, 1998, Dr. Ramiro Montenegro-López requested the Fifth Criminal Court for a final dismissal of the case on the grounds that the crime he was accused of was defined in Article 459 of the Criminal Code and that any action against him had become time-barred.76 In consideration of Dr. Montenegro-López’s brief, on August 14, 1998, Carmen Cornejo de Albán and Bismarck Albán-Sánchez requested the Fifth Judge to accuse Dr. Montenegro-López of the crime defined in Article 456 of the Criminal Code77 (supra note 35). 83. On December 14, 1998, the Fifth Judge issued an order of temporary dismissal of the case in favor of Dr. Montenegro-López and Dr. Espinoza-Cuesta.78 As grounds for said order, the Court asserted that “there [was] not enough evidence [that proved that] the cause of [Laura Albán’s] death would be the administration of morphine,” and further stated that “[Dr. Montenegro-López’s] culpability is not clear or at least there are doubts about it.” Lastly, the Fifth Judge ordered that a consultation to the Superior Court of Justice of Quito be made and that the case file be submitted to referred tribunal.79 On December 16, 1998, Dr. Ramiro MontenegroLópez and Laura Albán’s parents appealed against the order of temporary dismissal. Dr. Montenegro-López moved for a final dismissal in lieu of a temporary order. Miss Laura Albán-Cornejo’s parents requested that the order be reversed in full, so that the case be set for trial.80 On December 23, 1998, the Fifth Judge admitted the motions of appeal and forwarded the case to the higher court. On June 15, 2999, the Pichincha Criminal Prosecutor accused Dr. Montenegro-López and Dr. Espinozacriminal liability, the Judge shall extend the investigation against the individual and order that preliminary examination statement be rendered.” 74 Cf. brief of the Pichincha Fifth Criminal Prosecutor of July 20, 1998 (file of appendixes to the application, appendix 32, pp. 122 to 127) and court order of the Fifth Criminal Court, of July 21, 1998 (file of internal proceeding, criminal case No. 010-97-AP, volume XI, p. 2000). 75 Cf. notice of July 21, 1998 (file of internal proceeding, criminal case No. 010-97-AP, volume XI, p. 2000). 76 Cf. brief of Dr. Ramiro Montenegro-López addressed to the Fifth Criminal Judge of July 27, 1998 (file of internal proceeding, criminal case No. 010-97-AP, volume XI, pp. 2006 to 2011). 77 Cf. brief filed by Laura Albán’s parents with the Fifth Criminal Judge of August 14, 1998 (file of internal proceeding, criminal case No. 010-97-AP-AP, volume XI, p. 2012). 78 The original document features the name of Dr. Fernando Alarcón-Egas. However, it is the Court’s view that such document actually makes reference to Dr. Fabián Espinoza-Cuesta. Furthermore, in the accusatory opinion of the Pichincha Public Prosecutor dated June 15, 1999 filed with the Sixth Chamber, the prosecutor noted that: “[…] considering that, in the resolution to be adopted, the Chamber should reverse the Lower court order and issue an order setting the case against Ramiro MontenegroLópez and Fabián Ernesto Espinoza-Cuesta for trial and further correct the unintentional error by which the lower judge, in the challenged order, mistook expert witness Dr. Fernando Alarcón-Egas for Fabián Espinoza-Cuesta.” Cf. prosecutor’s opinion on June 15, 1999 (file of appendixes to the application, appendix 35, p. 154). 79 Cf. order of temporary dismissal issued by the Fifth Criminal Judge on December 14, 1998 (appendixes to the application, appendix 34, pp. 136 to 147). 80 Cf. brief of the defense attorney of Dr. Ramiro Montenegro-López addressed to the Fifth Criminal Judge, of December 16, 1996 (file of internal proceeding, criminal case No. 010-97-AP, volume XI, p. 2029); and briefs of Laura Albán’s parents filed with the Fifth Criminal Judge on December 16 and 21, 1998 (file of internal proceeding, criminal case No. 010-97-AP-AP, volume XI, pp. 2030 and 2032).