The defense also sought to refrain from imposing a monetary fine on Fischer, in view of the heavy economic price he paid as a result of the proceedings taken against him; his difficult financial situation after he had not worked since the beginning of the proceedings and most of his property was blocked from him; and the fact that he did not derive financial profit from the offenses of which he was convicted.
- Defendant's Words - In his remarks at the end of the plea bargains, Fischer shared the hesitation he had about reaching a plea bargain and the considerations that eventually led him to agree to a plea bargain. He expressed hope that as part of the sentence, the right decision would be made, and that he would be able to leave the affair behind and not be dragged into "A Terrible World of Prisons".
Discussion and Decision
- As noted, Fischer was convicted of five offenses as part of three charges: the "Yair Biton Affair" – receiving assets obtained in a crime and obstruction of justice; "The Alon Hassan Affair" – an attempt to mediate by bribery and obstruction of justice; "The Night Meeting Affair" – Obstruction of Justice. Below I will examine the arguments of the parties and the considerations of punishment in relation to these offenses, in accordance with the stages set out in Amendment 113 to the Penal Law, and in the division of the three charges into two incidents, in accordance with the position of the accuser that I accept. I will first determine for each incident the appropriate punishment area for the offenses included therein, taking into account the principle of proportionality between the severity of the acts in their circumstances and the degree of Fisher's guilt; the social values that were harmed by the commission of the offenses; the punitive policy applicable to them; and the circumstances related to the commission of the offenses. I will then move on to circumstances unrelated to the commission of the offenses, including Fischer's personal circumstances and his claims of protection from justice, and explain why these arguments lead to a deviation from the scope of the sentence in determining the appropriate overall punishment for Fischer for the two incidents.
The social values that were harmed by the commission of the offenses
- Bribery Brokerage - The main values that are intended to protect bribery offenses are: the integrity of public servants; the proper functioning of the public administration; and the public's trust in government institutions and public servants:
"The protected value inherent in bribery offenses is intended to ensure the proper functioning of the public administration, without which there can be no proper social life. At the same time, the bribery offenses are intended to protect the status of the public administration in the eyes of the public, and the trust that the public has in it... Bribery offenses, which reflect government corruption, are particularly severe. They are concerned with a profound violation of the basic foundations on which the public administration relies in its activity. These foundations are based on the fulfillment of the obligation to act in every situation from the perspective of the public interest and the interest of the citizens, and to refrain from improper use of the granting of favors as a means of acquiring governmental power" (Criminal Appeal 1224/07 Baldav v. State of Israel, para. 87 (February 10, 2010)).