Judicial Review
- In light of the above, questions relating to the nature of judicial review of the existence of an order issued by virtue of Article 43 and the scope of this criticism does not arise in its full severity in our case. As stated, except in cases in which it will be proven that the appellant is unable to access documents that are included in the framework of the documents to which the orders apply, the appellant must produce all the documents requested. However, there may be a dispute as to the question of the appellant's ability to produce documents or other questions relating to the fulfillment of the orders, and since this is the first time that a house has been required-This sentence is regarding the judicial review of the fulfillment of orders under Article 43I would like to say a few things on this subject.
- The appellant argued before us that the house does not exist-The law has the power to exercise judicial review of the manner in which an order is executed by virtue of Article 43 and the extent of its extent. According to his approach, from
If the recipient of the order declares, as the appellant did in our case, that he fulfilled the order and delivered all the documents in his possession, the court no longer has any jurisdiction to act with respect to the order issued by him. I am unable to accept this argument. The court's power to conduct judicial review is inferred from the language of the section, from its purpose and from the court's power to issue orders, with all the powers that accompany it.
Section 43 indicates that the court has been granted the power to advance the police investigation or the trial by way of summoning persons who are presumed to be in possession or in possession of objects necessary for the investigation, as well as the power to order them to present or hand them over. The broad language used by the section teaches that the court's authority does not extend only to the signing of such orders, but also to ensuring the fulfillment of the orders by way of judicial review, all in order to advance the legal investigation or the trial. This power is also derived from the purpose of the section. As stated, the purpose of the section is to advance the police investigation or the trial by way of issuing orders for the delivery of objects. This purpose will be thwarted if the court does not have the authority to supervise the existence of the order, to ascertain the whereabouts of the objects and the possibility of the recipient of the order to carry it out. The court's power to review is in fact an adjunct authority to the power to issue orders by virtue of section 43. It is only natural and necessary that the power by virtue of section 43 is not limited to the power to sign an order, but it also includes the accompanying power to summon those persons, to interrogate them regarding the existence of the order and the whereabouts of the objects that are presumed to be in their possession or possession, all in order to advance the police investigation or the trial. The power of review is also derived from the general authority of the court, like any judicial body, to change its decision, to reduce or expand an order issued by it in the past (sometimes ex parte), in accordance with the new circumstances that become clear to it. Such circumstances can only be clarified by the fact that the facts relating to the matter are brought before the court in the framework of a renewed inquiry at the request of an interested party, in which it will be decided whether the order was executed as it was, or whether it should be changed. This proceeding is in fact an audit and supervision by the court of the execution of the order.
- Judicial review may be required in a number of situations. Without exhausting the scope of the cases in which it will be required, I will note that in some cases it will be exercised when the recipient of the order wishes to interpret the order that was given or the scope of its application. In other cases, judicial review will be exercised when the recipient of the order claims that he is unable to carry out the order as it is written, or that it imposes unreasonable burdens on him, and-It should also be revoked or the scope of its application should be reduced. In addition, judicial review can be carried out, along the way.-rule initiated by the prosecution, in order to ascertain whether the order was fully complied with, as a command.
- As with any hearing, a hearing of judicial review of the existence of the order will also take place on the way-rule in the presence of both parties, unless there are circumstances that justify holding a hearing in the presence of one party. This matter should not be deduced from what has been said about-Our Hands on a House Discussion-The Law on the Question of Confidentiality from Self-Incrimination in Accordance with the Provisions Section 47(b) 30The Evidence Ordinance [New Version], 560"A-1971 (hereinafter – the Evidence Ordinance) (see in this regard in the judgment-The First Law [1], p764). The latter is, by its very nature, a hearing on a claim of privilege, and against this background the hearing or parts of it take place ex parte. I will note that the hearing according to Article 43 may exist, in part or in full, in the presence of one party. It may be, for example, justified that not all of the material presented by the prosecution to a house-The trial in order to establish the presumption as to the location of the documents in his possession or in the possession of the recipient of the order will be open at the hearing. Order by virtue of Article 43 during the conduct of a police investigation. At this stage, the disclosure of the information in the possession of the police regarding the location of the documents, or its source, is liable to harm the investigation and expose suspects to information that should be avoided at this stage. Therefore, to the extent that the information is confidential for the purposes of such an investigation, a home may-The judgment is to decide not to present it to the recipient of the order. Of course, a house-In such a case, the law will give weight to the fact that the person against whom the order was requested was not given the same material, and will decide,-According to all the circumstances, if the requested order is to be issued on-The hands of the prosecution.
In this context, I will note that there are types of documents, such as details of transactions made in bank accounts owned by the recipient of the order, contracts made with various persons and the like, which, by their very nature, establish the assumption that they are in the possession or possession of the recipient of the order. In such circumstances, it is difficult to accept arguments on behalf of the recipient of the order that in the absence of information regarding the evidence presented by the prosecution ex parte before the court prior to the issuance of the order, the recipient of the order refrained from refuting the assumption that the documents were in his possession and possession. The same is true in our case. The documents that the appellant was asked to produce in the two orders are those which, by their nature, are in the possession or possession of the appellant. In these circumstances, when added to this is the fact that the courts that issued the orders were convinced by the evidence presented to them that the documents were in the appellant's possession, we should not accept the appellant's argument, which his counsel emphasized before us, that the failure to disclose the minutes of the hearing that took place before the orders were issued, prevents him from arguing, on the merits of the matter, that the documents were not in his possession or in his possession. The requested documents are detailed in the orders, and no argument was made that the appellant did not know what was requested of him. Indeed, he asked the prosecution to specify which specific documents it was interested in, but sometimes the prosecution only knows in general what documents it needs for the purposes of the investigation, without being able to identify or describe each of them in advance. There may be cases in which it will be interested,