Sixth, in the meetings that took place after Hassan's arrest, Fischer did not present the bribe payment as a way to bring about the cancellation of the proceedings against Hassan. In the second meeting that took place shortly after his release from detention, Fischer asked Mohsen for his consent.Evacuate and try to minimize damage" by transferring the money to the parties involved in the investigation, and at the same time made it clear to him that he would be indicted in the future (section 10). At their next meeting two weeks later, Fischer's proposal to Hassan was "Assisting him in the affairs in which he was interrogated" (Section 11).
SeventhRegarding the degree of sophistication, it is worth mentioning the recent meeting, in which the money was transferred from a warehouse to a fisher, in a café in Ashdod. Fischer did so, even though Malka had recommended to the state's witness the day before that the meeting should not take place in a café or in a place with cameras, in order to disrupt any possibility of tracing the course of events (section 19).
- The damage caused and expected to be caused by the commission of the offense - As stated above, the damage caused by the offense of bribery brokerage is In fact, the meeting of intentions Between the giver and the intermediary about the designation of the money as a means of bribing a public servant, an act that leads to the corruption of the public service, sabotage of its proper operation, and the undermining of the status and trust given by the public in the public administration. Fischer's attempt to reach such an agreement with Hassan expressed moral guilt and a danger posed by Fischer to the protected social values, due to his willingness to harm these values, no less than a scenario in which Fischer would have succeeded in receiving the money from Mohsen in order to bribe a policeman who would improve Hassan's situation in the police investigation that was conducted against him. This is especially so in light of the fact that Fischer is a lawyer who is committed to integrity and cleanliness vis-à-vis the legal authorities with whom he comes into contact and earns their trust, and who is perceived by the public as someone who bears on his shoulders an increased commitment to respect the law and to ensure the strength of democracy in the broadest sense. The intensity of Fischer's actions violating these values is learned from the way he himself saw the acts in real time, when he repeatedly warned Hassan not to talk to anyone about the bribe offer, and made it clear to him that exposing the acts could lead to a long prison sentence for those involved. Other circumstances of severity in terms of the damage are the area of governmental activity to which the award was linked (an undercover criminal investigation in an elite unit of the police) and its significant financial value compared to bribery cases ($150,000). The fact that the last three of the six meetings described in the amended indictment between Fisher and Hassan took place after Hassan met with the investigators of the Department for the Investigation of Police and was briefed by them to continue dealing with Fisher, does not alleviate the severity of Fisher's actions.
However, there is a question in the amended indictment regarding the presence of a police officer who was willing and able to assist Hassan in the course of the investigation that was conducted against him. There is no description of a conversation or agreement between Fischer and Malka, according to which Malka agreed to receive funds from a warehouse through Fischer, against Malka's action in favor of Hassan in the investigation file that Malka headed. At the same time, Fischer did not mention to Hassan Malka's name or Malka's role in the interrogation, when he told Hassan about the police official to whom the bribe money would be transferred, but rather referred to the transfer of the money in his conversations with him.In the hands of a police official who has the power to influence the course of Hassan's investigation" (Article 3); "To the parties involved in the investigation" (Article 6); "As a bribe 'for them'" (Article 11); "To a police official involved in the investigation" (section 16).