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Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 92

January 13, 2026
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"Clear omissions also have a price in the area of prolongation of proceedings...  Even if we cannot estimate the amount of time added to the proceeding as a result of the omissions, it is clear that the need to cross-examine witnesses again, and the 'struggle' waged by the defense in order to expose additional investigative materials that were not transferred to it or were not documented – led to a continuation, in a way that also harmed the appellants...  It should be recalled that a person in custody has no rights like those of a prisoner, with all that this entails.  Thus, in our case, the omissions caused unnecessary delays in the trial, and the case law held, as stated, that weight can be given to this circumstance.  I am of the opinion that in view of the conduct of the police, it is appropriate to do so in the circumstances of the case" (Criminal Appeal 1361/10 State of Israel v. Zaguri, para. 105 (June 2, 2011)).

In contrast to that case, and as appears from the review of the above failures and omissions, the dates on which material materials were first discovered in the present case (for example, the memorandum and the e-mail message that first appeared in Saada's testimony); The investigation that led to the evidentiary turnaround was completed following Malka's testimony at the Bar Association and the testimonies of his lawyers; and the transfer of the digital materials by the prosecution was completed through the screening and screening process according to Article 108 For the kindness of the Long Years In them, Fischer's trial was prolonged due to the failures of the Department for the Investigation of Police, during which his condition was in fact "As someone who has begun to "serve his sentence" during this waiting period" (Criminal Appeal 8421/12 Ben Haim v. State of Israel, paragraph 14 (29.9.2013)), while "He is suspended from his job...  Until the criminal proceedings in his case are completed"And"cannot be absorbed into a new job in view of the pending criminal proceedings against him" (Criminal Appeal 7696/14 Gabrieli v. State of Israel, paragraph 11 11.2.2015))).

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