According to the accuser, where investigative needs led the accuser to reach a plea bargain with the organs, this does not negate the purpose of imposing liability on the corporation. The accuser refers to the rulings in which they criticized the failure to prosecute officers together with the corporation, but the corporation's prosecution was appropriate in all those cases.
2.3 The course of the hearing
- The Theory of Organs and the Criminal Liability of the Corporation
3.1 The Conceptual Basis for Imposing Criminal Liability on Corporations
3.1.1 Whether the conceptual basis for penal law exists in the case of a corporation
3.1.2. The Conceptual Basis for Imposing Criminal Liability on a Corporation by Virtue of the Doctrine of Organs
3.2. Attribution of Criminal Liability to a Corporation in Israeli Law
3.2.1. The Rule Regarding the Attribution of Criminal Liability to a Corporation Prior to the Enactment of Section 23 of the Penal Law
3.2.2. Enactment of Section 23 of the Penal Law
3.2.3. Conditions for Imposing Criminal Liability on Corporations: The Law Today
3.2.3.a. Who is an organist?
3.2.3.b. Wasn't the legislation intended to exclude the liability of a corporation in criminal offenses?
3.2.3.c. The offense was committed as part of the organ's role
3.2.3.d. The offense was committed for the benefit of the corporation
3.2.4 Imposing liability on a corporation and granting an exemption to an organ
3.2.5 Whether the immunity granted to the organization should also be attributed to the corporation
3.2.5.a. The Pine Theory is intended to attribute offenses to the corporation
3.2.5.b. The nature of the state's witness agreement: personal or within the framework of the witness's role as an organizer
3.3. Interim Summary: Should it be determined that the immunity granted to the organs applies to the defendant?
The second part of the decision will deal with the rights of the corporation as a criminal defendant. In this regard, I will examine the right to due process, its constitutionality and its application to corporations; Later on, I will examine two individual arrangements that stem from the right to a fair trial: the right to remain silent and the right against self-incrimination, and I will examine whether there is room to grant these rights to the corporation and if so, to what extent. The second chapter will be structured as follows:
- The rights of the corporation as a criminal defendant
4.1 The rule - the rights of the corporation