Caselaw

Civil Appeal Authority 775/11 Avraham Flexer v. State of Israel – Israel Police - part 47

August 11, 2014
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(b) that the authority was found responsible for an act committed by the public servant, in which case it is entitled to indemnification "in an amount to be determined according to justice and honesty" (section 7f(b) of the Law).

The aforementioned provision, which anchors the possibility of returning to the public servant in a claim for compensation, or indemnity, works to לאזן (even if retroactively) granting immunity to public servants, all out of an interest in ensuring the standard of proper conduct of public servants.  See: Tamar Kalkuda and Michal Bardenstein "The Law to Amend the Torts Ordinance (No.  10) - Immunity of a Public Servant" The Attorney 51 293, 315-316 (2011) (hereinafter - Kalkuda and Bardenstein).  This provision and the classification of powers discussed in the preceding paragraphs therefore allow the public authority to change its initial position in appropriate cases along the way (see: Kalkuda and Bardenstein at pp.  342-343), or to claim compensation, or participation from the public servant following the findings of the judgment in the trial, if it was found that the immunity granted to the public servant at the outset was not justified and that the conditions of section 7F and L were met.Law About him.

 

 Judge

 

Therefore, it was decided, as stated in the judge's judgment A.  Hayut.

Given today, 15 Av 5774 (August 11, 2014).

 

The President Vice President  Judge

 

Judge Judge Judge  Judge

 

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