Caselaw

Criminal Appeal 4596/05 Rosenstein v. State of Israel P.D. S(3) 353 - part 5

November 30, 2005
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If the respondents meet all the conditions they have accepted upon themselves, there is a chance that an important step will be taken, within the framework of the international struggle against heavy crime and drug trafficking, a struggle in which the State of Israel is a party" (Miscellaneous Criminal Applications 10149/04 State of Israel v.  Anonymous [1], November 10, 2004).

In the margins, I will add that Zvi Fogel was tried in Israel and convicted as well, but not in the framework of the affair before us, but for his involvement in another drug affair (see Criminal Appeal 7463/03 Fogel v.  State of Israel [2], February 19, 2004).

As for the appellant

  1. The appellant was arrested in Israel on November 8, 2004. II-17.12.2004 The jury decided (Grand Jury) in the Southern District of Florida for filing an indictment against him for conspiracy to distribute a dangerous drug, an offense under the 841(a)(1), 841(b)(1)(c)
    and-846 in Part 5-21 of U.S.  federal law, and conspiracy to import a dangerous drug into the United States, offense under sections 952(a), 960(b)(3) and-963 to the law.  The Punishment Maximum The prescribed punishment for these offenses in American law is twenty years in prison.  This sentence ceiling becomes a "punishment floor" insofar as the use of the bonded drug has caused death or serious bodily injury.  So the U.S.  Court of Appeals for the District of Columbia At least Twenty years in prison.

Following the filing of the indictment, an order was issued in the United States, on December 20, 2004, for the appellant's arrest.  On December 28, 2004, the U.S.  Department of Justice requested the State Attorney's Office in Israel to extradite the appellant to the law enforcement authorities in the United States.  Following the request, and as required by the Extradition Law, 5714-1954 (hereinafter: the Extradition Law or the Law), on January 5, 2005, the Attorney General, on the order of the Acting Minister of Justice, Minister Z.  Livni, petitioned the Jerusalem District Court to declare the appellant eligible for extradition.  The District Court accepted the petition and declared what was requested.

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