| Haifa Magistrate’s Court | |
| Criminal Case 44064-11-20 State of Israel v. Abu Rukun (Detainee/Prisoner under Supervision)
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| Before | The Honorable Judge Carmit Peer Ginat
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| In the matter: | The Accuser
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The State of Israel by Adv. Or Keren
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Against
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| The Defendant and his Counsel
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Shakib Abu Rukun (detainee/prisoner under supervision)
By Attorney Naji Amer (on behalf of the Public Defender’s Office) The Defendant Himself
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| Sentence
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- The defendant was convicted, according to his confession, as part of a plea bargain, of the facts of an amended indictment, which holds thirteen charges (hereinafter: "the main case"), of committing the following offenses:
- As part of the first indictment, he was convicted of committing the offense of fraudulent receipt under aggravated circumstances, under section 415 of the Penal Law, 5737-1977 (hereinafter: "the Penal Law") (two offenses), of forgery under aggravated circumstances, under section 418 of the Penal Law (multiple offenses), of the offense of using a forged document under aggravated circumstances, under section 420 + section 418 Clause of the Penal Law (multiple offenses) and the offense of theft by an authorized person, according to section 393(2) of the Penal Law.
- As part of the second charge, he was convicted of committing the offense of theft by an authorized person, under section 393(2) + section 29 of the Penal Law.
- As part of the third charge, he was convicted of committing the offense of fraudulent receipt under aggravated circumstances, under section 415 of the Penal Law, offense under forgery under aggravated circumstances, under section 418 of the Penal Law (multiple offenses) and offense of using a forged document under aggravated circumstances, under section 420 + section 418 of the Penal Law (multiple offenses).
- As part of the fourth charge, he was convicted of the offense of fraudulent receipt under aggravated circumstances, under Section 415 of the Penal Law, attempted fraudulent receipt under aggravated circumstances, under Section 415 of the Penal Code + Section 25 of the Penal Law, offense of forgery under aggravated circumstances, under Section 418 of the Penal Law (multiple offenses) and the offense of using a forged document under aggravated circumstances, according to Section 420 + Section 418 of the Penal Law (Multiple Offenses).
- As part of the fifth indictment, he was convicted of committing the offense of fraudulent receipt under aggravated circumstances, under section 415 of the Penal Law, of the offense of attempting to receive something fraudulently under aggravated circumstances, under section 415 of the Penal Code + section 25 of the Penal Law, of the offense of forgery under aggravated circumstances, under section 418 of the Penal Law (multiple offenses) and of the offense of using a forged document in aggravated circumstances. According to Section 420 + Section 418 of the Penal Law (Multiple Offenses).
- As part of the sixth charge, he was convicted of the offense of forgery under aggravated circumstances, under Section 418 of the Penal Law (Multiple Offenses) and of the offense of using a forged document under aggravated circumstances, under Section 420 + Section 418 of the Penal Law (Multiple Offenses).
- As part of the seventh charge, he was convicted of committing the offense of forgery under aggravated circumstances, under Section 418 of the Penal Law (Multiple Offenses), the offense of using a forged document under aggravated circumstances, under Section 420 + Section 418 of the Penal Law (Multiple Offenses), the offense of knowingly making an incorrect statement, under Section 98(c) and (C1)) of the Real Estate Taxation Law (Appreciation and Purchase), 5723 - 1963 (hereinafter: the Real Estate Taxation Law) and the offense of providing false information in order to evade tax, under section 98(c2) of the Real Estate Taxation Law.
- As part of the eighth charge, he was convicted of committing the offense of forgery under aggravated circumstances, under Section 418 of the Penal Law, and of the offense of using a forged document under aggravated circumstances, under Section 420 + Section 418 of the Penal Law.
- The Ottoman Settlement [Old Version] 1916As part of the ninth indictment, he was convicted of committing the offense of theft by an authorized person, under section 393(2) of the Penal Law, of forgery under aggravated circumstances, under section 418 of the Penal Law (multiple offenses) and of the offense of using a forged document under aggravated circumstances, under section 420 + section 418 of the Penal Law (multiple offenses).
12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)
- As part of the tenth indictment, he was convicted of the offense of fraudulent receipt under aggravated circumstances, under section 415 of the Penal Law, of the offense of attempting to receive something under aggravated circumstances, under section 415 of the Penal Code + section 25 of the Penal Law, of the offense of forgery under aggravated circumstances, under section 418 of the Penal Law (multiple offenses) and of the offense of using a forged document under aggravated circumstances. According to Section 420 + Section 418 of the Penal Law (Multiple Offenses).
- As part of the eleventh indictment, he was convicted of the offense of fraudulent receipt under aggravated circumstances, under Section 415 of the Penal Law, of the offense of attempting to receive something fraudulently under aggravated circumstances, under Section 415 of the Penal Code + Section 25 of the Penal Law, of the offense of forgery under aggravated circumstances, under Section 418 of the Penal Law (multiple offenses) and of the offense of using a forged document under aggravated circumstances. According to Section 420 + Section 418 of the Penal Law (Multiple Offenses).
- As part of the twelfth indictment, he was convicted of committing the offense of fraudulent receipt under aggravated circumstances, under section 415 of the Penal Law, the offense of forgery under aggravated circumstances, under section 418 of the Penal Law (multiple offenses), the offense of using a forged document under aggravated circumstances, under section 420 + section 418 of the Penal Law (multiple offenses).
- As part of the thirteenth indictment, he was convicted of the offense of preparing and maintaining false ledgers, under section 220(4) of the Income Tax Ordinance (New Version), 5721-1961 (hereinafter: "the Income Tax Ordinance") (two offenses), of the offense of omitting income, under section 220(1) of the Income Tax Ordinance (two offenses), and of the offense of using fraud, deception and subterfuge, under section 220(5) of the Income Tax Ordinance (multiple offenses).
- Moreover, as part of the plea bargain, the defendant requested to attach an additional file - criminal file 26492-04-25 (hereinafter: "the attached file"), in which he was convicted, according to his confession, in an amended indictment containing four charges, of committing the following offenses:
- As part of the first charge, he was convicted of the offense of fraudulent receipt under aggravated circumstances, under section 415 of the Penal Law, of forgery with the intention of receiving something, under section 418 of the Penal Law, and of the offense of using a forged document with the intention of receiving something, under section 420 + section 418 middle of the Penal Law.
Copied from Nevo
- As part of the second indictment, he was convicted of the offense of fraudulent receipt under aggravated circumstances, under Section 415 CIFA + Section 438 of the Penal Law, of the offense of forgery with the intention of receiving something, under Section 418 of the Penal Law (multiple offenses), of the offense of using a forged document with the intention of receiving something, under Section 420 + Section 418 of the Penal Law (Multiple Offenses) and of the offense of Violation of a legal provision, according to section 287(a) of the Penal Law.
- As part of the third charge, he was convicted of the offense of fraudulent receipt under aggravated circumstances, under section 415 SIFA + section 438 of the Penal Law, of the offense of attempting to receive something fraudulently under aggravated circumstances, under section 415 SIFA + section 438 + section 25 of the Penal Law, of the offense of forgery under aggravated circumstances, under section 418 Section 420 + Section 418 of the Penal Law (Multiple Offenses), for the offense of knowingly providing an incorrect declaration, under Section 98(c) and (C1) of the Real Estate Taxation Law, for the offense of providing false information in order to evade tax, under Section 98(c2) of the Real Estate Taxation Law, for the offense of providing false information in order to evade tax, under Section 98(c2) of the Real Estate Taxation Law, and for the offense of Violation of a legal provision under Section 287(a) of the Penal Law.
- As part of the fourth charge, he was convicted of committing the offense of forgery with intent to receive something, under section 418 middle of the Penal Law (two offenses), the offense of using a forged document with the intention of receiving something, under section 420 + middle section 418 of the Penal Law (two offenses) and the offense of violating a legal provision under section 287(a) of the Penal Law.
The amended indictments and the sequence of events in the case
- I will preface by saying that I have found it appropriate to elaborate extensively and comprehensively on the 17 charges attributed to the defendant (in the framework of the two indictments - the main and the annexed), in order to illustrate the scope of the fraudulent acts of which he was convicted and the harm he caused to many victims, to the state authorities (including the Land Registry Office and the tax authorities) and to the legal profession.
The Amended Indictment in the Main Case (M/1)