Former President Ricardo Martinelli has lost another round in the New Business case. His legal defense team had presented a protection of constitutional guarantees before the First Superior Court of Justice against an action in the trial by the second liquidating judge Baloisa Marquínez. In the ruling of December 12, it is indicated that Martinelli's legal action was not admitted.

Martinelli stated that in the trial of the New Business case, on May 23, the liquidating judge, Baloisa Marquínez, did not grant the postponement of the hearing even though his legal defense argued a medical issue for which they considered that his rights were violated. constitutional guarantees.

However; Judges Guimara Aparicio Ortega (rapporteur), Antonio Guerrero, and Lilianne Ducruet argued that the procedural action questioned (by Martinelli's legal defense) maintains inconsistencies.

As indicated in the ruling, Martinelli's defense shows as a contested element the ruling of July 17, 2023, in the first instance of the Second Liquidator Court where the sentence of 128 months was given to Martinelli.

For the magistrates, this is inconsistent since said ruling does not resolve the request to postpone the ordinary hearing.

Martinelli's defense also presented as an argumentative element the ruling of the Superior Liquidation Court confirming the sentence to the former president, however, the Court's magistrates indicated inconsistency given that this resolution did not decide the act questioned by Martinelli's legal defense.

On December 11, 2023, the Superior Liquidation Court ordered the appeal filed by Martinelli and the other four people sentenced for money laundering in the New Business case to be forwarded. The Second Criminal Chamber of the Supreme Court of Justice is responsible for resolving the aforementioned appeal that seeks to revoke the conviction.