Caselaw

Criminal Appeal 4596/05 Rosenstein v. State of Israel P.D. S(3) 353 - part 79

November 30, 2005
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His punishment is if he is imprisoned.  The explanatory notes to the bill describe the difficulties mentioned above, i.e., the legal and practical difficulty in bringing witnesses, including questions of funding, as well as the changes in the world, the massive cross-border traffic, and international crime.  The submission of the proposal was accelerated to a considerable extent due to the Sheinbein case[44] even if it did not apply to it itself, and in respect of him himself, this court ruled by a majority opinion that he should not be extradited because of his Israeli citizenship, despite the questions regarding his connection to Israel.  A request for a further hearing was denied (Additional Hearing 1210/99 State of Israel v.  Sheinbein [64], March 18, 1999, Vice-President S.  Levin).  It should be noted that according to the bill, the determining date for the suspect's status as an Israeli citizen and resident was the date of the offense.

(3)    The amendment to the law (The Extradition Law (Amendment No.  6) of 1999) was passed with a change from the bill regarding the date that determines the application of the conditions of citizenship and residency, and it was determined for the time being.  Submission of the Request for Extradition.  It was presented as an achievement for the state "not to become a state of refuge, neither to organized crime nor to unorganized crime" (MK Hanan Porat, Chairman of the Knesset's Constitution, Law and Justice Committee, April 19, 1999).  Difficulties arose once again, as it was possible for someone who is not a citizen or resident to flee to Israel After Committing the offense, and then becoming a citizen and claiming residency.  Therefore, a proposal was submitted The Extradition Law (Correction)
No.  8), 5761-2000, which sought to extend the determining date to a time Making The offense was on the spot at the time the application was filed.  It was explained that in the previous version, a person who is not an Israeli citizen is allowed to "...  to flee to Israel after the offense was committed, to receive Israeli citizenship, and even to claim residency in Israel, if time has passed, even if it is short, from the day of his arrival in Israel until the submission of the request for his extradition." The Extradition Law (Amendment No.  8), at p.  154), and indeed in the Extradition Law (Amendment No.  7), 5761-2001, in which other significant amendments were made to the law, it was determined that the determining date is the date of the commission of the offense.

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