However, I will briefly discuss the considerations for determining the scope of punishment in this case, in order to clarify that the punishment does indeed fall within the scope of punishment.
4.2. Sentencing the defendant who is a corporation
The fact that the defendants are companies, corporations, corporations affects all the stages and components of the sentence. I will briefly discuss the punishment of the corporation, the problems that arise, and the possibilities for a solution. Afterwards, I will address this in more detail at each of the stages of the sentencing process. The need to convict and punish corporations stems from the fact that today corporations control most areas of our lives, and it was necessary to prevent a situation in which offenses would be committed under corporate sponsorship. On the one hand, corporations are essential to the economy and important to society, and on the other hand, they have many powers that can also cause damage. This was discussed by Sara Sun Beale, "A Response to the Critics of Corporate Criminal Liability", 46 Am. Crim. L. Rev. 1481, 1483 (2009):
"Modern corporations not only wield virtually unprecedented power, but they do so in a fashion that often causes serious harm to both individuals and to society as a whole.”
In Crim. Crim. 3027/90 Modi'im Binui and Development Company Ltd. v. State of Israel, 4(4) 364 (published in Nevo, 1991, hereinafter: the Modi'im case), the Honorable Judge, later the President, Aharon Barak, noted this in his note (paragraph 8, p. 384):
"The social goals that the company seeks to achieve through criminal law are consistent with the recognition of the corporation's personal criminal liability. In modern society, the corporation is a major basis for human activity. There are countries where there are more corporations than human beings. Where the corporation conducts behavior that is perceived by the company as criminal – tax evasion, violation of planning and building laws, conducting activities that are contrary to public morality (pimping for prostitution), etc. – the values that the company wants to protect by imposing personal criminal liability on the corporation. In this way, we promote the goals of preventing the recurrence of offenses and deterring."