On the Meaning of a Warning Interrogation
- The defendant's interrogation took place in 2014. About eight years After the Supreme Court's ruling on the matter Issacharov [Criminal Appeal 5121/98 Issacharov v. Chief Military Prosecutor [Published in Nevo] (May 4, 2006)], and at a point in time when it seemed that the various law enforcement agencies should have assimilated into their consciousness and conduct the Supreme Court's rulings regarding what is appropriate and inappropriate in the interrogation of a suspect, at least with regard to the motif of warning and the motif of informing the suspect of his rights.
- There is a dramatic gap between interrogating a person as a witness and interrogating a suspect. This discrepancy stems from the difference in the possible consequences of the interrogation on the person who gave testimony as a witness, and the possible consequences of the interrogation on the person suspected of committing the offenses. Beyond the aforementioned gap, and as a result of it, the suspect has basic rights, including the right to remain silent (derived from the right not to incriminate himself) and the right to counsel.
The situation in which a suspect is approaching the beginning of his interrogation is a complex situation, and there is no dispute that almost every aspect of his conduct during the interrogation will have one impact of one kind or another on the continuation of the interrogation, on its results, and on his liberty as well. The suspect's warning constitutes the "defense mechanism" with the help of which, together with the informing him of his rights, the suspect will be able to exercise his full rights.
In Dov Gilad Cohen's article, "'And you were very careful': The adequacy and scope of a suspect's warning as a basis for disqualifying messages, canceling or converting charges(Approved for publication in the journal 'Key Law' Issue 6 to be published during 2020, available for reading onhttps://papers.ssrn.com/abstract=3308696) The author referred to the meaning of "interrogation with warning", and noted the following: