72. Based on the provisions of article 250 of the Code of Criminal Procedure,76 on March 19, 2004, the Sixty-second Prosecutor requested an extension of the time limit for submitting the final record of the said investigation,77 and the Eleventh Court granted the 15-day extension requested.78 On April 6, 2004, the prosecution filed formal charges against Mr. Díaz Peña for the offenses of conspiracy, public intimidation, arson in public buildings, damage to private property, and minor injuries established in articles 287, 290, 297 and 344, with the aggravating circumstances defined in articles 347, 355, 475, 476 and 418 of the Penal Code,79 as an accomplice, as established in article 84(3) of the Code.80 73. On April 22, 2004, Mr. Díaz Peña’s defense counsel requested the annulment of certain measures based on non-compliance with the methods and conditions established by law; and the annulment of the opinion provided by the Public Prosecution Service’s expert because it violated the guarantees of due process. She also filed objections to the charges brought by the prosecution, and requested the review and revocation of the measure of deprivation of liberty imposed on Mr. Díaz Peña.81 74. On June 15, 2004, a preliminary hearing against Raúl José Díaz Peña was held before the Eleventh First Instance Examining Court of the Criminal Judicial District of the Caracas Metropolitan Area during which, inter alia, it was decided to admit all the charges filed against Raúl José Díaz Peña, to accept the prosecution’s legal classification of the facts, and to maintain the measure of deprivation of liberty, because “the reasons for it had not changed, given the gravity of the acts that have caused a commotion in the country” and “because several unlawful acts have been committed that merit the punishment of deprivation of liberty, that have not prescribed and that, in this court’s opinion, give rise to a presumption of risk of flight and obstruction of the proceedings 76 The relevant part of article 250 of the Code of Criminal Procedure establishes: If the judge decides to maintain the measure of judicial preventive detention during the preparatory phase, the prosecutor must file the accusation, or request a dismissal or the closure of the proceedings, within the 30 days following the judicial decision. This period may be extended for 15 additional days at the most, only if the prosecutor requests this at least five days before the initial period expires. In this case, the prosecutor must provide grounds for his request and the judge shall decide its admissibility after hearing the accused. Once this period and its extension have expired without the prosecutor having filed the accusation, if applicable, the detainee shall be released by a decision of the examining judge who may impose an alternative precautionary measure. Code of Criminal Procedure (evidence file, tome XXVI, folio 17527). 77 Cf. Request of the Sixty-second Prosecutor of the Public Prosecution Service of the Judicial District of the Caracas Metropolitan Area dated March 18, 2004, presented the following day (evidence file, tome X, folio 5732). 78 Cf. Hearing to request an extension held before the Eleventh Examining Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area on March 24, 2004 (evidence file, tome X, folios 5741 to 5742). 79 Cf. Accusation brief filed by the Sixty-second Prosecutor of the Public Prosecution Service of the Judicial District of the Caracas Metropolitan Area on April 6, 2004 (evidence file, tome X, folios 5776 to 5795). 80 According to the Prosecutor, “the accused in this case consented to his vehicle being used to keep the explosives that would then be place in the Embassy of Spain and the Consulate of Colombia, gave his assistance to the acts carried out, participating as an accomplice in the offenses of which he is accused.” Accusation brief filed by the Sixty-second Prosecutor of the Public Prosecution Service of the Judicial District of the Caracas Metropolitan Area of April 6, 2004 (evidence file, tome X, folio 5786). 81 Cf. Brief filed before the Eleventh Examining Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area on April 22, 2004 (evidence file, tome X, folios 5815 to 5835). 23