The guarantees judge, Elkis Martínez, denied, on Friday, May 28, 2021, a request for prescription of criminal action in the case of illegal wiretaps, which had been presented by the defense of former president Ricardo Martinelli. Martinelli's defense announced an appeal, so a new hearing was set next June 4.

During the hearing, the judge pointed out that the crimes that are charged have a maximum of four years of punishment, of which six months are missing for a prescription.

The judge spoke in an "academic manner" and stated that "the prescription was not valid," said prosecutor Aurelio Vásquez, at the end of the hearing. Vásquez also affirmed that "the prosecution has always been objective" and is prepared for a trial hearing.

"This is an important judicial victory for the victim and for the lawsuit within this great concern of justice," said Carlos Herrera Delegado, one of the lawyers for the victims of the wiretaps

Herrera Delegado added that, after the appeal, "there will be no obstacle" for former President Martinelli  to "face justice."  On June 22 the day set for the wiretapping trial.

The lawyer Alma Cortés, from Martinelli's legal team, said that on June 4 the defense of the former president will reaffirm its thesis that there is a prescription for criminal action.

"The crime for which Ricardo Martinelli was investigated has already been prescribed," said her colleague Carlos Carrillo.