at pp. 658-660; The Reich case [8], at p. 497; The case of Yosef and Pimp [1], at p. 524. The consideration of the "absolute" acquittal – and more than that: the reasons for that "absolute" acquittal – will constitute an important consideration, a significant consideration among considerations, but they will not be sufficient to decide. In this context, it is appropriate that we bring – and with agreement – the words of our colleague Justice Zamir in the Reich case [8]. Our friend points out that the legislature chose "a vague expression, which has no form and no measure, like 'other circumstances'", and that "the expression was born vague in order to remain ambiguous" (at p. 496). Later on, after he mentions this expression in a family of other vague expressions – including justice, morality, public policy, reasonableness, etc. – our friend goes on to explain to us a compromise of that ambiguity (ibid., [8], at pp. 496-497):
The ambiguity of these expressions is the taste of their lives. They are supposed to hover, undefined, above the rules. It is forbidden to clip their wings and imprison them in a cage of a strict rule. Such a rule could kill them.
As to the number of considerations that the court will consider in locating and identifying "other circumstances that justify" indemnification and compensation, our colleague Justice Zamir continues , and this is what he teaches us (ibid., at p. 499):
The list of considerations is not exhaustive and is not binding. It is a result of the circumstances of the case. There are circumstances in which there will be no room for one consideration or another, and there are circumstances in which there will be room to add one consideration or another, and the weight of each consideration may vary according to the circumstances of each case. It is the court that must balance the various considerations that apply in the circumstances of the case, in order to reach a just result in terms of the need to compensate the defendant who was found innocent, taking into account the limitations of the resources available for this purpose, the constraints with which the law enforcement authorities operate, and the proper functioning of the court.