"Following the appellant's well-publicized arrest, it appears that his head was cut off. The appellant's license as a lawyer was revoked... Already in his first arrest, and especially following his current arrest and the filing of the indictment, the appellant was relegated to the pillar of public disgrace" (Judge Amit in Miscellaneous Criminal Motions 4658/15 Fisher v. State of Israel, para. 7 (July 9, 2015)).
Later on, Justice Baron (Miscellaneous Criminal Applications 1697/17 State of Israel v. Fischer, paragraph 3 (February 27, 2017)), and again Justice Amit:
"The respondent's office was closed, his law license was frozen, his clients were obviously scattered in all directions... Moreover, it was argued that the respondent's mental state these days, after several months behind bars and after more than two years of detention under electronic supervision without ventilation, is not one of the improves, and he is focused on the trial being conducted against him" (Miscellaneous Criminal Applications 6045/17 State of Israel v. Fischer, para. 6 (August 8, 2017)).
As the years passed, Fischer's situation, as described in those decisions, did not improve, but rather the opposite, except for two "bright spots" (in his wife's words): one – the move to Greece, which did not last long; and the second – Fischer's use of time (among the many discussions in the law) to advance in the academic field and to obtain a master's degree and a doctorate in law. His wife and children also experienced significant economic, social, occupational and emotional injuries as a result of the procedure, as detailed in the evidence for the sentence, and they bear the scars to this day. Imposing a prison sentence on Fischer now will intensify the harm to him and his family, make it difficult for him to find employment in academia (see Prof. Menashe's testimony) or return to practicing law as long as he is licensed. In this last matter, I will note, without expressing an opinion, that Malka, whose criminal share is immeasurably greater than Fischer's (given the great difference in the scope of convictions), will receive back her license to practice law on the date determined by agreement between her and the Israel Bar Association.
- Criminal record - Fischer has no criminal record.
Contribution to society - In this regard, I will turn to evidence for punishment, from which a picture emerges of acts of charity and kindness that Fisher has carried out over the years, including voluntary representation of disadvantaged populations.