Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 9

The social value that has been harmed and the extent of its damage - The case law held that the offense of bribery is intended to protect three social values: the integrity of public servants, who, being obligated to be loyal to the public, are required to exercise their power and powers honestly and fairly; the proper functioning of the public administration, which may be disrupted if public servants skew their judgment and consider extraneous considerations due to bribes given to them; and the public's trust in the governmental system, which is an essential condition for maintaining a normal democratic life, is liable to be harmed if the public service is perceived by the public as corrupt and as someone whose employees tend to accept bribes.  The offense of bribery is the most serious of the public corruption offenses, due to the need to protect each of the protected values mentioned, as inferred, inter alia, from the increase in the maximum penalty for this offense from seven years in prison to ten years.  According to the accuser, the extraordinary severity of Fischer's actions damaged the core of each of the three protected values and the fabric of the relationship between the public and the law enforcement authorities.  This is because of the great financial scope of the bestowal; The purpose of the euthanasia – according to Fischer himself – is to eliminate a criminal investigation in which he represents, and thus to cause the Queen to commit a serious and severe deviation from the norm in favor of an action related to his role as an officer in charge of the investigation in a manner that permeates the foundations of protected values; and the fact that Fischer initiates the offense and is at the heart of the action.  In addition, Fischer's actions were accompanied by an intention to impede and harm the proper course of Hassan's interrogation by the police, in a blatant and uninhibited manner, while harming all the social values protected in the framework of the offense of obstruction of justice as detailed above.