Admittedly, the Honorable Justice Rubinstein was in the minority on the question of whether it is already possible to impose these sanctions by virtue of the existing legislation, it appears that he would not have disagreed with the importance of rehabilitation (see also on this matter: Yulia Weinschker and Hila Shapira, "Hearing in the Wake of Civil Appeal 8487/11 Israel Ports Company Development and Assets Ltd. v. State of Israel – Ministry of Environmental Protection – Conviction and Non-Conviction of Corporations", Illumination of the Law 8 62 (2013, hereinafter: Weinschker and Shapira, Conviction of Corporations). The article was written after the appeal and before the further hearing).
It should be noted that the Criminal Procedure Law [Consolidated Version], 5742-1982 (hereinafter: the Chesed Procedure), establishes in Section A1 (Sections 67A-67 J) the possibility of closing a file in an arrangement, in which supervision arrangements can also be imposed for the rehabilitation of the suspect. The Criminal Procedure Law in this chapter, which was added in 2012, also did not envisage the corporation (see: Explanatory Notes to the Proposed Criminal Procedure Law (Amendment No. 61) (Arrangement for Conditional Closure of a File), 5769-2008 (Government Bill No. 416, 5769-2008, at p. 210). The explanatory notes indicate a proper intention to give the enforcement authorities an intermediate option between closing the case and filing an indictment, in cases where there is no justification for filing an indictment, but they wish to impose a rehabilitation plan on the defendant. This intermediate stage is also beautiful, and perhaps most of all, for corporations. This is especially true in cases where a corporation is convicted by virtue of the actions of one of the organs, when the corporation has done everything in its power to prevent the offense. However, since the Chasdap also conditions rehabilitation plans under the supervision of a probation officer, and in light of the judgment in the Israel Ports case, such an arrangement cannot be made with a corporation, according to the existing legislation, at least with regard to a compliance plan, unless the corporation takes upon itself such a plan voluntarily. However, see the State Attorney's Directive on the Matter of Punishing Corporations, which discusses the possibilities in this regard.