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Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 43

January 13, 2026
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(g)        Criminal Case (Shalom J.M.) 28998-04-13 State of Israel v. Abunjema (February 18, 2015) - The defendant was convicted, according to his confession, as part of a plea bargain, of obstruction of justice, by attempting to conceal the fact that a vehicle in which a driver without valid insurance was involved in a road accident in which a pedestrian was killed.  In the sentence, it was determined that "The courts usually impose penalties for the offense of obstruction of justice ranging from a tangible punishment without an actual prison sentence to a few months of imprisonment – all taking into account the circumstances of the act and the circumstances of the perpetrator" (paragraph 6).  In light of the defendant's confession and his personal circumstances, and despite his criminal record, he was sentenced to 30 days in prison to serve community service.  The court took into account her voice by stating that "The act of obstruction of justice carried out by the defendant did not lead to significant damage, since about five hours after the accident, the defendant's friend handed over the car to the police" (ibid.).  As stated, in our case, too, the only practical damage described in the amended indictment as a result of the offenses of obstruction for which Fischer was convicted is the postponement of the date of the "breakout" of the investigation in the "Ma'aseh Nissim" affair by a few days.

(8)        Other Criminal Appeal (Nazareth District) 276/08 Asban v. State of Israel (16.12.2008) - The appellant was convicted of obstruction of justice and threats by calling his ex-wife and threatening her when she filed a complaint against him with the police; Later, he called her sister and told her to talk to the complainant so that she would cancel the complaint; And following the conversation, the complainant did indeed withdraw the complaint.  The Magistrate's Court sentenced him to 12 months in prison, of which 6 months were in force and the remainder was suspended; He further ordered the imposition of a suspended sentence of 6 months imposed on him in a previous case, overlapping and cumulative, so that he would serve a total of 8 months in prison.  The District Court rejected the appeal against the conviction of obstruction of justice (the conviction of threats was agreed upon in a plea bargain).  As for the punishment, in light of the circumstances of the commission of the offenses and the complainant's position, it was decided to reduce the sentence and to set the prison term, including the imposition of the conditional sentence concurrently, on 6 months in prison to be served with community service.  An application for leave to appeal submitted to the Supreme Court was rejected (Criminal Appeal Authority 2500/09 Asban v. State of Israel (25.3.2009)).

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