Days of Detention and Electronic Handcuffs
- The fact that for a significant period of more than two years, Fisher appeared not only to those who began to serve his sentence (due to the wait for the progress of his trial), but that his liberty was in fact deprived of him by way of detention behind bars (72 days) followed by detention in electronic shackles without "ventilation windows" (25 months) – constitutes another circumstance for a significant reduction in the sentence that is appropriate for him now. This is in addition to about nine more months in which Fischer was under house arrest, first full and later partially. The power of this consideration is even greater, given that if the indictment had been filed against Fischer in the first place, it is clear that there would have been no reason to order actual arrest or even supervised detention, and it is doubtful whether conditions of release would have been requested at all.
As is well known, while the rule is that the days of detention should be deducted from the final prison sentence (as long as there are no special reasons for severity), days of detention under electronic supervision are not deducted from the period of imprisonment, but constitute a consideration for her when sentencing the sentence, in accordance with the circumstances of the case and the conditions of the electronic supervision: "There is no law of full house arrest under electronic supervision at a distance from the home and family of the defendant, as is the law of partial house arrest under electronic supervision in his home, which includes hours of ventilation" (Criminal Appeal 7768/15 Anonymous v. State of Israel, paragraph 43 (April 20, 2016)). Similarly, house arrest, the length of which constitutes a circumstance whose considerations can be taken into account when sentencing (Criminal Appeal 1626/91 Daka v. State of IsraelIsrSC 45(5) 76, 80-81 (1991)). The rule is therefore that "Yes There is room to take into account a long period of detention under electronic supervision – as well as full house arrest in general – within the scope of punishment, but because, of course, not to the same extent as detention in a detention facility; And the emphasis in my opinion is on a long period of time(Deputy President Rubinstein in the Anonymous above, paragraph 4).