Yisgav Nakdimon, Defense from Justice 24-25 (2nd ed., 2009, hereinafter: Nakdimon, Defense from Justice), enumerates the typical cases in which the defense of justice applies, including: "the prosecution of a person following defective or improper investigation or seizure proceedings." In fact, these are cases that are discussed under the doctrine of the rule of disqualification.
Ze'ev Segal and Avi Zamir, "Protection from Justice in the Light of the Criminal Procedure Law - A New Order of Legal Fairness" in: The Attorney - David Weiner Book - On Criminal Law and Ethics 231, 257 (2009), hereinafter: Segal and Zamir, Protection from Justice in the Law), insisted that by virtue of anchoring the defense of justice in legislation, weight should be given to the defendant's right to a fair trial. As an example of a case in which this is done, the authors cite the Issacharov case concerning the rule of judicial disqualification:
"The balance of principle with regard to the protection of justice should reflect the respectable constitutional status of the right to a fair trial. This status will be derived from the recognition of this right inthe Basic Law: Human Dignity and Liberty...The legislature's recognition of the protection from justice can be considered as the realization, in practice, of the Basic Law. The strength of the right to protection from justice does not make the right absolute, but it does give it heavy weight to fight for primacy in an appropriate case.
An example of a case in which the principles of justice and due process prevailed over the principle of the prosecution of a defendant can be found in the Issacharov case. Justice Dorit Beinisch noted there that "the spirit and principles of the Basic Laws radiate to all branches of law and influence the basic concepts and basic concepts that are practiced within them." The Court noted there that the Basic Laws on Human Rights affect the interpretation of legislation that was passed prior to its enactment. It can be said, all the more so that the impact of a basic law is supposed to be even greater when it comes to legislation passed after it, such as the Protection from Justice Law."