[…] Likewise, this Court observes that the convicted defendant has been enjoying freedom, and given that the crime for which he was convicted is not among those exempted for granting the benefit of conditional suspension of the execution of the sentence, the Court shall release him from the corresponding summons in order to execute the content of this ruling […] So ordered […]. E. Request for conditional suspension of the execution of the sentence and of the measure barring travel outside the country 57. On July 10, 2006, Tulio Álvarez requested the conditional suspension of the execution of the sentence.69 On July 17, 2006,70 the Ninth Trial Court notified the coordinator of the division of pre-release measures of the Center of Evaluation and Diagnosis of the Ministry of the Interior and Justice, of the order for a psychosocial assessment to be carried out on Tulio Álvarez.71The assessment was carried out on July 25, 2006 and the report was forwarded to the Ninth Trial Court on August 14, 2006. 72 On December 20, 2007,73 the Ninth Trial Court granted the conditional suspension of the execution of the sentence for one year, on probation and subject to compliance with the conditions stipulated in Article 49474 of the Organic Code of Criminal Procedure. In addition, based on Article 49375 of said Code, the Ninth Trial Court decided to suspend the measure barring Mr. Álvarez from leaving the country during the probation period. 58. On January 18, 2008, the Fourteenth Assistant Prosecutor of the Public Ministry with National Jurisdiction over the Enforcement of Sentences, appealed the decision to conditionally suspend the execution of the sentence. He argued that in this case it was not appropriate to grant a conditional suspension of the sentence,76 because the actions in this case did not meet the requirements set forth in the Organic Code of Criminal Procedure. 59. On May 27, 2008, the Ninth Division of the Court of Appeals of the Criminal Judicial Circuit of the Caracas Metropolitan Area dismissed the appeal filed by the Fourteenth Assistant Prosecutor,77 finding that the petitioner lacked standing to impugn the decision, in accordance Cf. Brief of July 10, 2006. Request for conditional suspension of the sentence imposed on Julio Alberto Álvarez Ramos (evidence file, folio 484 to 485). 70 Cf. Official letter No. 1319-06 of July 17, 2006 (evidence file, folio 501). 71 Cf. Appointment letter of July 17, 2006, from the Observation and Diagnosis Center (evidence file, folio 502). 72 Cf. Technical report No. 0285-06 (evidence files, folios 503 to 506). 73 Cf. Ruling on the Conditional Suspension of the Execution of the Sentence of December 20, 2007, issued by the Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit of Caracas Metropolitan Area (evidence file, folios 106 to 109). 74 Article 494 of the Organic Code of Criminal Procedure establishes: “Conditional suspension of the execution of a sentence. In order for the enforcement court to order the conditional suspension of execution of a sentence, it must request a psycho-social report on the defendant from the Ministry of the Interior and Justice, and will require: 1. That the defendant not commit any other crimes, as certified by the Ministry of the Interior and Justice; 2.- That the sentence imposed not exceed five years; 3.- That the defendant agree to comply with the conditions imposed upon him or her by the court or the probation officer; 4. That the defendant present an offer of employment; and; 5. That the defendant has not been charged with the commission of a new crime, or had any previously granted alternative sentence revoked. If the defendant has been convicted through a plea bargain, and the sentence imposed exceeds three years, he or she may not be granted the conditional suspension of execution of sentence”. 75 Article 493 of the Organic Code of Criminal Procedure: “Limitations. Those sentenced for the crimes of intentional homicide, rape, violent or lewd acts, kidnapping, forced disappearance of persons, all types of robbery, aggravated theft and larceny, drug trafficking and punishable acts against public property, except, in this last case, when the crime does not exceed three years, may only opt for conditional suspension of the execution of the sentence, and any of the alternative sentencing formulas, after serving at least half of the sentence imposed.” 76 Cf. Appeal filed by the Fourteenth Assistant Prosecutor of the Public Ministry with National Jurisdiction over the Enforcement of Sentences against the decision to grant Mr. Alvarez conditional suspension of the execution of the sentence (evidence file, folio 246 to 248). 77 Cf. Decision of May 27, 2008, issued by the Ninth Division of the Court of Appeals of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, folios 111 to 124). 69 14