12 an ongoing crime of embezzlement of public funds, thus decreasing his prison term to 12 years. The Chamber applied the same criterion to the other alleged victims.21 53. The Commission does not have information as to whether or not this group of alleged victims pursued the procedure for review of conviction after the petition for writ of reversal on cassation was denied, or after the laws of 2006 and 2010 cited above were enacted. 2. Rafael Rojas Madrigal 2.1. Criminal proceedings 2.1.1. Case File No. 99-000136-065-PE 54. On May 17, 2000, the Office of the Attorney General brought formal charges against Rafael Rojas Madrigal and requested that proceedings be instituted for the crime of forgery and use of a bogus document in committing fraud.22 On August 4, 2000, the Criminal Court of the Second Judicial Circuit of Alajuela ordered proceedings to be instituted23 and, on November 22 of that year, convicted Mr. Rojas of the crime of use of a bogus document while abusing public authority to authenticate official documents and sentenced him to a four-year prison term.24 55. On December 18, 2000, Mr. Rojas filed a petition for writ of reversal on cassation alleging violation of due process on the grounds of i) failure to apply the standard of free reasoned judgment in assessing the evidence; ii) incorrect application of conduct to criminal offence as set forth in the criminal code; and iii) inconsistencies in the testimonies based upon which he was charged.25 Three days later, Mr. Rojas’ public defender filed another petition for writ of reversal on cassation contending i) illegitimate basis for the punishment; ii) erroneous assessment of the evidence; and iii) failure to corroborate evidence.26 56. On February 2, 2001, the Third Chamber found the petition filed by Mr. Rojas inadmissible.27 With regard to Mr. Rojas’ arguments, the Third Chamber noted that “the specific relevance of the alleged irregularities that he is claiming is not proven, nor does he make a distinction between the arguments and the support in the law that (…) Article 455 of the 1996 Code of Criminal 21 Annex 5. Decision No. 2003-00822 of the Third Chamber of the Supreme Court of Justice, dated September 22, 2003. Annex to petitioners’ communication of March 24, 2004. 22 Annex 6. Official Letter of the Office of the Prosecuting Attorney of San Carlos, dated May 17, 2000. Annex to petitioner’s communication of May 21, 2005. 23 Annex 7. Order to institute trial proceedings of the Criminal Court of the Second Judicial Circuit of Alajuela, dated August 4, 2000. Annex to petitioner’s communication of May 21, 2005. 24 Annex 8. Judgment No. 172-2000 of the Criminal Court of the Second Judicial Circuit of Alajuela, dated November 22, 2000. Annex to petitioner’s communication of May 21, 2005. 25 Annex 9. Communication of Mr. Rojas, dated December 18, 2000. Annex to petitioner’s communication of February 28, 2010. 26 Annex 10. Communication of the public defender of Mr. Rojas, dated December 21, 2000. Annex to petitioner’s communication of February 28, 2010. 27 Annex 11. Decision 2001-000122 of the Third Chamber of the Supreme Court of Justice, dated February 2, 2001. Annex to petitioner’s communication of February 28, 2010.