12 for annulment, holding it to be contrary to law, and requested that an order be issued for plenary 61 proceedings to begin. That same day, June 6, Dr. Guerrero requested that the investigation be 62 reopened. 51. Fourteen months after the investigation was concluded, on February 17, 2003, Judge Rubio Game handed down an interlocutory order against Emilio Guerrero, presuming him guilty of the 63 offense described in Article 466 of the Criminal Code with an order for him to be taken into preventive custody; his arrest was ordered and, since he was a fugitive from justice, the procedure was suspended until such time as he appeared or was detained. In addition, the charges against Wilson Minchala were 64 provisionally dismissed, given a lack of evidence of his criminal responsibility. 65 66 52. On February 24, 2003, Emilio Guerrero lodged an appeal, which was admitted. However, on June 29, 2004, the Third Specialized Chamber for Criminal, Collusion, and Traffic Matters upheld all aspects of the summons for plenary proceedings issued against Emilio Guerrero and of the 67 (provisional) dismissal of the charges against Wilson Minchala. On September 17, 2004, Emilio Guerrero, who was a fugitive from justice, asked the First Criminal Judge of Guayas to set bail and to 68 replace the preventive custody with alternative precautionary measures. Four days later, on September 69 21, 2004, Judge Rubio Game granted the bail request. On September 22, Emilio Guerrero presented 70 the receipt for the bail deposit and requested that the preventive custody order be suspended. 53. On September 20, 2004, Emilio Guerrero asked the First Criminal Judge of Guayas to rule that statutory limitations had been triggered on the grounds that more than four years had gone by 71 since the trial commencement deed was issued. On September 23, 2004, the complainant lodged a 72 complaint, holding that the bail, set at US$837, was not enough to cover costs and damages. The …Cont. request for the expansion of the investigation. Annex 46. Prosecutor’s ruling of May 13, 2002. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 154. 61 Annex 47. Document of June 3, 2002. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 157. 62 Annex 48. Submission of Emilio Guerrero, June 6, 2002. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 158. 63 Ecuadorian Criminal Code of 1971. Art. 466. “If the blows or wounds cause an illness or inability to work lasting more than ninety days, or a permanent inability to pursue the work that the victim previously pursued on a habitual basis, or a serious illness, or the loss of a secondary organ, the punishment shall be a prison term of between one three years and a fine. If any of the circumstances in Art. 450 are involved, the punishment shall be a prison term of between two and five years, and a fine of between two hundred and eight hundred sucres.” 64 Annex 49. Resolution of February 17, 2003. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 159 and 160. 65 Annex 50. Appeal remedy of February 24, 2003. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 162. 66 Annex 51. Appeal remedy admitted, February 26, 2003. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 163. 67 Annex 52. Document of the Third Specialized Chamber for Criminal, Collusion, and Traffic Matters of June 29, 2004. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 165 to 166. 68 Annex 53. Document of September 17, 2004. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 170 and 171. 69 Annex 54. Document of September 21, 2004. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 180. 70 Annex 55. Document of September 22, 2004, and certificate of judicial deposit. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, pp. 182 to 183. 71 Annex 56. Document of September 20, 2004. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 179. 72 Annex 57. Document of September 23, 2004. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 184.