In their article "Defense of Justice in the Light of the Criminal Procedure Law: A New Order of Legal Fairness", David Weiner's book on criminal law (2009, as part of the journal "Hapraklit" published by the Israel Bar Association), authors Zeev Segal and Avi Zamir expressed the view that anchoring the defense in legislation, even without calling it by its explicit name, constitutes a "revolution of justice" and expands the range of cases in which it will be possible to accept the argument. In a revolutionary way. The emphasis is on the abolition of the criminal proceeding against the background of the "material contradiction" test to the principles of justice and legal fairness, a lighter test than the requirement for "extreme" or "severe" harm, which was required until then. According to the authors, from a purposive point of view, the use of the term "contradiction" and not "injury" should be seen as distancing the specific defendant from the need to prove real harm, in order to accept the defense claim from justice. A different view was raised, however, in the case law following the amendment of the law, according to which the basic criteria for the recognition of protection from justice have not been reversed, and the court will still recognize the existence of a "defense from justice" when "it is unable to grant the defendant a fair trial or that the conduct of the trial does not harm the sense of justice and fairness", as determined in the Borowitz judgment (Criminal Appeal 5672/05 Tagger in Tax Appeal v. State of Israel, Unpublished, [published in Nevo], given on October 21, 2007).
On the issue of selective enforcement, as a ground establishing the defense from justice, it was held that the rule is that the prosecution's discretion is subject to the principle of equality, or as the Honorable Justice (as he was then called) Aharon Barak put it in the case of the High Court of Justice 935/89 Ganor v. the Attorney General, IsrSC 44(2) 485:
"In exercising his discretion, a plaintiff must act with equality and without discrimination. Equality is a fundamental value of any democratic society, 'which the law of every democratic state aspires to illustrate, for reasons of justice and fairness'...