Caselaw

Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 66

September 13, 2011
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The Supreme Court addressed this issue inCriminal Appeal 388/08 Belfer v. State of Israel (unpublished, [published in Nevo], given on September 15, 2008):

"Many times this court has noted the distinction between an aide and a joint perpetrator with regard to the provisions  of the aforementioned Penal Law.  According to the case law, which has given substance to these definitions, an aide is not a joint perpetrator who plays an auxiliary role in the commission of the offense and in fact allows another perpetrator to perfect the act of the offense, but rather he is outside the framework of the main perpetrators of the offense, and the assistance he provides to the perpetrators is 'external' to the commission of the offense.  Thus, the aider does not take part in the commission of the offense, and the assistance is expressed in the creation of the conditions for the commission of the offense by the perpetrator or the main perpetrators...  In contrast to the accomplice, the perpetrators serve together, as a kind of one body, for the commission of the offense, with each of them being responsible for the commission of the offense being direct responsibility and the contribution of each of them is internal to the offense itself...  With regard to the responsibility for joint execution, according to the provision of section 29(b) ofthe Penal Law, there may be a 'division of labor' between the perpetrators together, in such a way that they will act in different places and at different times, and without each of them having exhausted the offense, provided that the part of each of them is essential to the realization of the joint plan...  In contrast to the 'joint perpetrator', the 'accomplice' is a secondary accomplice in the commission of the offense.  His contribution is expressed in the creation of the conditions for the commission of the offense by the perpetrator or the main perpetrators, whereas, as opposed to the joint perpetrator, this contribution is external to the offense.  The aider is not the initiator, decider or control of the commission of the offense, but rather the perpetrator of acts separate from the offense itself, which prepare the ground for the commission of the offense, enable its commission by the perpetrator, accept it or secure it..." 

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