Caselaw

Criminal Appeal 4596/05 Rosenstein v. State of Israel P.D. S(3) 353 - part 74

November 30, 2005
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  1. Finally, a test must be required The Relationship between the Benefit of Extradition and Its "Price". In my view, this test also supports extradition.  The extradition of suspects such as the appellant to foreign countries is accompanied by a "price tag".  It harms, as I have noted, the ability of the legal system in Israel to apply its principles, even though it is able to do so.  It completely violates the fundamental right of an Israeli to have his sentence decided by his state.  It could serve as an opening for the legal authorities in Israel to disavow their duty to enforce it.  However, the benefit of extradition, which is done for a proper purpose, and in the realization of the principles underlying the extradition laws of our law, outweighs this harm: it makes a significant contribution to the interfaith struggle-national in crime; It promotes the State of Israel's ability to prosecute suspects who acted against it in foreign countries; It assists Israel's legal relations with foreign countries.  Accordingly, the price of an island-Extradition, where it is appropriate to betray, is also high, and it is sufficient to look again at what revolved around the parashat at the time.  Sheinbein [44].

Moreover, the harm involved in the act of extradition is balanced to some extent by the provisions of the law relating to the return of a detainee who was convicted to serve his sentence in Israel and the ability of the local legal system to intervene in the sentence imposed on him.  It is inappropriate from here to note that it does not at all require that the appellant's prosecution in the United States will expose him to a conviction and punishment that is more severe than those customary in Israel.  Because here, as I noted, a judgment was recently given concerning the very offense of which the appellant is accused in the United States.  I am referring to the High Court of Justice 3315/04, supra [42], in which the case of Israelis convicted in the United States was heard

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