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The conspiracy offense is correlative, in that it does not arise except when the purpose of the conspiracy is to commit another offense, a crime or a misdemeanor. The correlation of the relationship is expressed, therefore, in its connection to another offense as a goal to realize it" (S.Z . Feller, "The Criminal Connection vs. the Partnership in an Offense" [136], at p. 240; and see also
M. Kremnitzer, "On the Essence of the Criminal Connection and the Relationship between it and the Solicitation of an Offense" [137], at p. 236).
What emerges from this is that from a material point of view, a separation between the very consent of the conspirators to commit a certain offense, i.e., between the conduct of the creation of the conspiracy and the circumstance regarding the content of this conspiracy, is an artificial separation. These two parts of the whole act - the plan and its realization - reflect on each other, including the question of what law will apply to each of the two.
In Criminal Appeal 84/88 State of Israel v. Abergil [43], the case of a defendant who conspired in Israel to trade in a dangerous drug outside its borders was discussed, and the connection was realized. The state sought to prosecute the defendant in Israel for the acts he committed. There was no doubt that he could be prosecuted for committing the conspiracy offense, since the foundations of this were completed within Israel's borders. The scope of the dispute was limited to the question of whether the State of Israel has the authority to prosecute him, by virtue of a territorial connection, for the offense of the subject of the conspiracy - the trafficking of dangerous drugs - which was carried out entirely outside the borders of the state. This court ruled, according to Justice Bach:
"... Every conspirator should be regarded as any person who solicits and incites the other conspirators to commit the planned offense.
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... It follows that due to the conspiracy that was made in Israel, the respondent can be seen as the one who solicitated... to commit the offense of exporting the drug...