Caselaw

Criminal Appeal 4596/05 Rosenstein v. State of Israel P.D. S(3) 353 - part 24

November 30, 2005
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The distinction between the types of affinities is not always sharp, and the attempt to draw a line between them may be artificial.  A particular interest may be protected in the name of more than one tortious interest (see, for example, Chua Han Mow v.  United States (1984) [84], at p.  1312; United States v.  Yousef, supra [73], at p.  97, and also Feller Foundations in Penal Law [127], at pp.  241, 246).  The important thing is

Because all the affinities are used together to improve the fight against crime, especially cross-border ones.  There is "...  A relationship of complementarity between the different types of local application of the criminal norm, with the common goal of serving the war against crime..." (Ibid.  [127], at p.  247).

The four extraterritorial connections that I have discussed relate to one of the elements of the offense that is not the geographical element.  In Israeli law, they are enshrined in sections 13-16 of the Penal Law, which apply, with certain reservations, the Israeli Penal Code to offenses committed anywhere against or by Israeli citizens or residents, offenses against Jews abroad, offenses against the interests of the state, and offenses against the law of nations.

  1. However, there is a considerable expansion of the applicability of the law to foreign acts In the territorial connection herself. Penal law currently attributes a dual meaning to territorial affiliation.  Alongside the common sense, which relates to acts committed within the territory ("narrow territorial affinity" or "subjective"), the law recognizes in another sense, which concerns the place where the effect of the act was recorded or planned to take place ("broad territorial affinity", "objective") - In other words, to the object of the offense - or "trailing").  In Summary: The narrow territorial affinity relates to the place where the His Physical Facts of the act, while the expansion deals with In its purpose Geographically.  The Two Territorial Principles - The Narrow and the Wide - It has long been anchored in Israeli law.  In section 7 The Penal Law, entitled: "Offenses according to their location", states:

“)a)  'Offense-Interior' -

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