I am afraid that Judge Arbel's last words, regarding the contempt and contempt, were uttered not only to the parties in the case before her (Sharbat), and they have good force against the respondent before me.
- This method of imposing a monetary sanction, which will begin after a certain period, during which the defendant is given an opportunity to execute the order or judgment, is the path I have chosen in the past, and I have justified it on the basis of the Supreme Court's ruling. I believe that this approach is also appropriate for the parasha before me.
And these are the things I wrote inRequest for leave to appeal 436/04 Boaz Atzmon N. Batya Navon; [Published in Nevo], Given on March 23, 2005, in paragraphs 42-45:
"The courts debated the question of whether there is room to impose the fine immediately, when the violation that disgraces the court occurs, or whether there is room for an intermediate stage of a 'conditional' fine, and only if the objector does not comply with the order after that decision will he have to pay the fine. This issue was also recently discussed in the Supreme Court, where the various positions were presented (Criminal Appeal 5177/03 Mor v. Dar-Farm Flowers "Dan"; published on the Nevo website). President Barak's position - which was the majority opinion - is that it is possible to impose an immediate fine, without it being preceded by a conditional fine, but he notes that "authority is separate and discretion is separate," and that "the sanction must be 'tailored' with the proper care given the circumstances at hand. Like any other judicial decision, even in the matter of judicial response in contempt proceedings, the sanction must be reasonable and proportionate... The court must examine whether the imposition of a 'conditional' sanction will suffice, in the circumstances of the case, to achieve the objectives of enforcement' (paragraph 6 of the judgment).
If we apply this criterion to our case, we will reach the conclusion that a conditional sanction is sufficient, and there is no need for an immediate determination of the payment of a fine. In the case before us, since we have reached the conclusion that the respondents must rebuild the rockery in accordance with the engineering principles established by Engineer Gorbetz, it would be unreasonable to impose the sanction immediately; It is sufficient that it be placed after a reasonable period of time, which will enable the construction of the rockery, according to Mr. Gorbetz's opinion.