Caselaw

Criminal Appeal 4596/05 Rosenstein v. State of Israel P.D. S(3) 353 - part 32

November 30, 2005
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This criminal reality requires legal systems around the world to improve their fight against crime.  Methods of operation that have been used in the past and have even proven to be effective are no longer enough.  There is a need to enact new laws that deal with previously unknown phenomena.  A re-examination of the rules of application in domestic law is required in order to deal with acts that took place outside the territory.  It is necessary to give new interpretations to existing laws in a manner that is appropriate to their current goals.  International cooperation in the fight against crime, and all

A state is commanded not to fold its hands in the face of requests for assistance from its colleagues.  In the meantime, the extradition of criminals has become an extremely important means in the fight against crime.  Justice Bach noted this:

"...There is a prominent interest in assisting the prosecution and judicial authorities of other countries in bringing to justice suspects of serious crimes.  When the world of crime has become more organized and sophisticated, and when the modern media have made distances and borders almost meaningless, it is necessary to conclude that international cooperation between the legal institutions in the various countries is essential if we are to successfully deal with the serious phenomena of crime.  The extradition of fugitive criminals is one of the means by which this cooperation is expressed" (Criminal Appeal 74/85 Goldstein v.  State of Israel [32], at p.

Criminality within the framework of a network of criminals

  1. And as the dimensions of the offenses intensified, so did the organizational infrastructure that executes them. Criminal networks around the world, some more institutionalized and some less so, have become a necessary condition for this. It is no longer an ad hoc collaboration to commit a single crime, but rather the establishment of a criminal network that operates in a cyclical and systematic manner, through criminals who are deployed in different parts of the world and take each of them-A man and his mission, a part of the advancement of criminal activity.  They are won by the organization's leadership, which takes part in the outline of the activity and its financing, and most of its members are also the main beneficiaries of the activities (see M.  Amir "Organized Crime" [133]).  The technological reality helps the organization's top brass to control the execution of actions from its place of residence in a "remote control" without the need to reach the target country, as if it were an octopus stretching out its arms - These are the members of the network - Beyond the sea.

Criminal networks are slowly growing out of sporadic criminal activity, and the more persistent they are, the more likely they are to adopt the patterns of action of a criminal organization.  The term "criminal organization" refers only to the developed form of criminal networks that is sadly familiar from the stories of the "mafia" in countries around the world.  For the most part, this is a less organized system, but one that meets some characteristics that distinguish it from "just" criminality.  This is reflected in Section 1 of the Combating Criminal Organizations Law, 5763-2003, which defines a "criminal organization" as follows:

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