Caselaw

Criminal Appeal 4596/05 Rosenstein v. State of Israel P.D. S(3) 353 - part 31

November 30, 2005
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Cross-border crime, from the criminal perspective, has considerable advantages.  The economic potential of these offenses is great.  Carrying them out provides the domestic offender with a much wider field of action than he has at his disposal when he limits his actions to the territory of a single state.  This allows him to direct his criminal activity to the place that generates the most profits.  It gives him the ability to operate remotely, through couriers, with minimal exposure to personal risk.  He acquires the power to determine the law that applies to him in the event that he is caught.  International criminality also often leads to the establishment of a worldwide criminal infrastructure that may serve, in addition to the original purpose for which it was established, as a convenient ground for the development of new and diverse avenues of crime.

Cross-border crime has existed since the dawn of history.  However, the phenomenon deepened with the development of the means of communication and trade between countries.  And as the world became a "global village", the criminal work, which required available means of communication, transportation, and transportation, became easier.  In today's reality, it is easy for a person to sit down, for example, in a hotel on the Tel Aviv seashore and plan actions from there whose results will take place thousands of miles away from his place of residence.  This state of affairs has led to a significant increase in the scope of international crime, the scope and severity of the acts that span the length and breadth of the globe.  My colleague Justice M.  Cheshin noted this in his reference to drug delinquency in Israel:

"There is no doubt about it: Israel has upgraded its status in the trade in dangerous drugs.  In the past, small drug dealers, medium-sized drug dealers, and even large drug dealers came before the courts.  However, in recent years we have witnessed a phenomenon that was not known to the first.  We are now talking about Israelis who are engaged in international drug trafficking and in quantities that are not deceived by the ancients" (Miscellaneous Criminal Applications 3179/03 State of Israel v.  Fogel [31], April 7, 2003).

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