8.1. The rule: Plea bargains must be respected
The rule regarding plea bargains is that the court will respect these arrangements. The central rule in the field of plea bargains was established by an expanded panel of the Supreme Court in C.A. 1958/98 Anonymous v. M.I. (published in Nevo, 2002, hereinafter: the Extended Certain Case) – in which the manner of examination of plea bargains in the courts was determined. In the judgment, it was determined that the courts no longer treat plea bargains as an uncondemnable necessity, but rather recognize their value and contribution, not only as a practical need, but also as an institution that has a conceptual justification as part of the adversarial method, and that there is a public interest in its existence. In this context, the contribution of plea bargains to the effective deterrence of criminals was noted in that they lead to the conviction of more defendants and in a shorter proceeding; and also the relief derived from them for victims of offenses who are not required to testify and can devote themselves to their rehabilitation proceedings (the Honorable Justice, later President, Dorit Beinisch, noted this at p. 577 of the judgment):
"Everyone agrees that the public interest in its broadest sense obligates the courts to encourage the existence of plea bargains. The existence of plea bargains allows for a broader deployment of law enforcement, and thus has a deterrent power in itself, which may balance the effect of reducing the sentence in the concrete case. A plea bargain that is concluded in accordance with the rules and according to proper considerations, shortens the torture of the defendant and potential defendants awaiting an indictment against them. The arrangement assists the law enforcement authorities in prosecuting additional offenders, and ensures a punishment that is not far from the date of the offense. It saves the many resources invested in conducting a criminal proceeding, sometimes complex and lengthy, which burdens both the prosecution and the defendant, and frees up the overcrowded court to deal with other cases. From a moral standpoint, the plea bargain has added value when the offender accepts responsibility for his actions."