Discussion and Decision:
- Defendants 1 and 2 were convicted of fraudulent receipt under aggravated circumstances, deceit and subterfuge with the intention of tax evasion, and prohibition of taking action with prohibited property (money laundering), after taking an active and dominant part in a sophisticated and ongoing affair of fraud in the matriculation exams.
Determining the appropriate penalty range:
- Accordingly Section 40B According to the Penal Law, the principle of proportionality is the guiding principle in punishment, and it is necessary to examine the existence of an appropriate relationship between the severity of the offenses, the circumstances and the degree of guilt of the defendants, and the punishment imposed on them.
The defendants were convicted of various offenses, and of multiple offenses of fraudulent receipt, and in accordance with the tests set out in the case law and in view of the fact that the parties' counsel did not argue otherwise, they should be viewed as a single punitive event for which one appropriate penalty range should be determined.
The social values that were harmed:
- in the commission of offenses of fraudulent receipt under aggravated circumstances, the defendants severely and severely violated the protected social values of the integrity of exams, the principle of equality, and the public's trust in state institutions.
As for the values of exam integrity and the principle of equality, the following are fine In the Circular of the Director General of the "Purity of Examinations", Standing Order No. 0410, Section 1:
"Failure to maintain the integrity of the exams gives an unfair advantage to certain examinees and harms the value of equality. The exams serve as a tool for summary evaluation at graduation and as a tool for equal screening for admission to studies in institutions of higher education, and therefore, maintaining the integrity of the exams is of the utmost importance."
Moreover, since the defendants called on minors and high school students to cheat on the matriculation exams, their actions also violate the values of education and integrity. The message of cheating in exams and illegal "shortcuts" is condemnable, and all the more so that it is being conveyed to young people.
- In the commission of offenses, resorting to cunning and subterfuge with the intention of evading taxes, the defendants significantly harmed the values of equality and the protection of the public purse.
See the Supreme Court's Statement on the Criminal Appeal Authority 6371/14 Abu Mansi Bassem v. State of Israel (28.10.14):