Can the crime of bribery take place between friends?
- The Supreme Court discussed the rules relevant to a situation in which there are relations of friendship or friendship between the giver of the bribe and the recipient of the bribe, and held as follows:
"Relations of friendship and friendship between the giver and the receiver do not in themselves constitute a privilege against a conviction for the offense of bribery, just as a small gift is not a guarantee that it is not a bribe. The nature of the friendship relations and the size of the gift are among the factors that must be considered, in order to decide whether the gift constituted a bribery offense. The test is always The test of the purpose, of giving or taking, and the purpose is determined according to an overall view of the circumstances. After all, the goal is not usually apparent to all, and the court must insist on it based on life experience, common sense, and the totality of the circumstances of each case"; "The rule is that a public servant is not entitled to receive a benefit, even from a friend, as long as there is some contact between them within the framework of the public servant's role"; "But it is clear that what we have said requires a reservation"; "Accepting a reasonable and acceptable benefit between friends will appear to be an innocent act, unless the circumstances prove the contrary"; "This is the case if the prosecution succeeds in pointing to circumstances that indicate that the relationship of friendship involves a love that depends on the matter, and therefore the reason for granting the benefit is not only rooted in friendship for its own sake, but also involves an interest aspect, which is related to the fact that the recipient is a public servant whose services the giver needs, or will need, his services" [Criminal Appeal 4148/96 State of Israel v. Ganot, Piskei Din N(5) 367, 376-378 (1996) (hereinafter – Parashat Ganot)].
Similar things were said in a criminal appeal 6916/06 Atias v. State of Israel [Published in Nevo] (29.10.2007):