The considerations that guided the prosecution in its decision to suffice with prosecuting some of those involved in the commission of the offenses are relevant and relevant considerations. It appears that the prosecution guided itself in this matter with the "dominance test", which is a proper and well-known test that also promotes considerations of focus and efficient use of enforcement resources. This is therefore a case of partial enforcement that was not done in order to achieve an improper goal, on the basis of extraneous consideration or out of arbitrariness (see and compare: Additional Criminal Hearing 5189/05 Ayalon Insurance Company in Tax Appeal v. State of Israel at paragraph 14 (April 20, 2006); Criminal Appeal 3506/13 Habi v. State of Israel at paragraph 537 (January 12, 2016)). In any event, this is not a severe blow to the sense of justice that can justify the dismissal of an indictment due to selective enforcement.
- Matrix Arguments – Matrix, which was represented separately from Shohat, argued in essence that in the circumstances of the case, there is no basis for imposing liability on it as a corporation due to Shohat's actions. This is on the grounds that the slaughterer is not organized and that the conditions and purpose for the application of the theory of organs are not met. Since it was found above that doubt remained in Shohat's case, and when the accusation against Matrix was based on Shohat's actions, Matrix should also be acquitted and there is no need to address her arguments.
However, and for the sake of the entirety of the discussion, we will briefly address the arguments.
Shohat is an organist of the Matrix – we discussed above the criteria and tests outlined in case law regarding the attribution of criminal liability to a corporation (see paragraphs 14-19 above). The picture that emerges from the totality of the evidence presented is that in accordance with the functional test, Shochat should be regarded as an organ of a matrix with regard to the submission of price proposals, such as the bid he submitted to finance the Oranim project.