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Criminal Case (Tel Aviv) 59453-07-19 State of Israel v. Avi Motula - part 67

July 22, 2020
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The Honorable Deputy President, Justice Elyakim Rubinstein, noted in paragraph 2 of his judgment:

"I will admit and not be ashamed that the handling of the case was not a pleasant experience, since we all left with the feeling that the plea bargain that was made with Rabbi Pinto should have been, in the public interest, more "stronger."  I am aware that the person who has to make the decision is not the same as the one who engages in judicial review after the fact; And things that are seen from there are not necessarily seen from here.  But the role of judicial review, even in a place that ultimately does not involve intervention, is to point to what appears to be a weak plea bargain, in circumstances in which law enforcement agencies had good leverage to achieve more.  These words are written with a forward-looking perspective, and to draw lessons.  Not every case, of course, receives as much public attention as this one, because of the people involved in it; But the conclusion of a plea bargain is the daily bread of the law of the law authorities at all levels, and the clear public interest that they serve dictates a satisfactory examination, while the question posed to themselves by the signatories of the agreement on the part of the state is whether what is in front of them is all that can be achieved...  Despite all this, for all the reasons raised by my colleagues, I am of the opinion that we will not be able to intervene, and therefore our contribution to the public will be in these comments."

The same is true in the case before me.  In the sentence that the accuser agreed, although it was very lenient with the defendants, there was no extreme unreasonableness and the accuser acted in order to achieve proper goals.  As the Honorable Justice Uri Shoham noted, in the matter of the Movement for Quality Government in  the Pinto case, we must look at and focus on what is contained in the agreement, and the goals that were achieved within it.  As part of the plea bargain, the defendants took responsibility for their actions and cooperated with the accuser.  In addition, future deterrence of officers and corporations  has been achieved, all of which are worthy goals.

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