The conduct of fair legal proceedings is "an expression of the enlightened society's commitment to act consciously, within the framework of the available possibilities, to prevent miscarriages of justice in the trials of individuals" (Alex Stein, "The Right to a Fair Trial" in: Human and Civil Rights in Israel, Mikra, 355, 356 (Tali Ben-Gal, Dana Alexander, Ariel Bendor and Sharon Rabin eds., Vol. 3, 1992; See also: Dan Bein, "The Rules of Police Investigation – Is There a Place for Codification of the Hunting Laws?" Iyunei Mishpat 12, 129 (1988).
The second basis relates to the preservation of the criminal proceeding in itself, as a social value, for the sake of the public's trust in the law enforcement system and for the benefit of society as a whole (see Stefan Trechsel, "Why Trials Must Be Fair", 31 Is. L. Rev. 94 (1997)). Therefore, when we come to consider what rights should be granted to the defendant, and in the case before me, to the defendant who is a member, these three objectives must be considered (see, in this regard: Chaya Zandberg, Rights of Defendants: The Right to a Separate Trial, 29 (2001, hereinafter: Zandberg, Rights of Defendants). The balance between these goals is done differently in each legal system, so sometimes the same issues are regulated differently in different legal systems. In other words, a fair trial does not require similar individual arrangements in different countries, as the Honorable Justice E. E. Levy emphasized in the Be'er Sheva case (his words at p. 31 of the judgment):
"This is the place to emphasize that the right to a fair trial cannot and should not be the same in different legal systems. They are entitled to maintain separate procedural mechanisms and arrangements, or to grant litigants various rights without this being able to turn any of them into a legal system that does not maintain fair proceedings. The choice between different means that have the power to ensure a fair trial, and the balance between the different interests vying for primacy, are influenced by the nature of the legal system, the legal tradition that governs it, the legal arrangements that exist within it, and more. Thus, for example, the means intended to ensure a fair trial in a legal system based on the action of a jury cannot be identical to the means used in a legal system in which professional judges operate. The scope of the right to a fair trial may also change according to the values that the legal system seeks to promote and in light of the balance between them.".