The review of the parties' arguments, which spanned hundreds of pages in summaries, will be conducted in a concise manner, and as part of the decision chapters in the various arenas of dispute.
The emphases in the various quotes (from the evidence, transcript or case law to be cited) are not in the original, unless otherwise noted.
In the joint chapters, the defendants will be referred to according to their number in the indictment, but in the separate hearing that I will hold in the matter of each of the charges, and for reasons of convenience, the relevant defendant will be referred to as "the defendant."
The joint chapters of the two charges
On the Offense of Bribery - Foundations and Boundaries
- The bribery offenses are embedded in the Chapter 9 to the Penal Law, entitled "Violations of the Rules of Government and Justice." Among other things, this chapter establishes offenses related to obstruction of justice (Section 1), Concealment of Offenses (Section 2) and assaulting police officers (Section 3).
In a Criminal Appeal 4456/14 Kellner v. State of Israel [Published in Nevo] (December 29, 2015) noted that the "geographical" location of the bribery offense within the Penal Law It is no coincidence, and the location can be seen as indicative of the central values that bribery offenses seek to protect: the integrity of public servants; the proper operation of the public administration; And the public's trust. It was also noted that harming these values is tantamount to harming the rules of government and law. The common denominator of these values is the public servant, who can be seen as the "main actor" in the foundations of the offense, and as someone whose presence is intertwined throughout the chapter containing the offenses of bribery.
- The offense of bribery is defined Sections 290 and291 of the Penal Law, and relates to both the recipient of the bribe and the giver of the bribe.
As the language of the law indicates, the factual element of the offenses includes three components: (a) the person taking the bribe is a public servant; (b) The public servant must take any gift that can be regarded as a bribe in its essence; (c) The taking of the bribe was done in favor of an action related to the role of the public servant.