Judge
Judge Y. Amit:
I join the judgment of my colleague President A. Hayut and I will add a few words of my own in order to clarify why, in my opinion, my colleague's conclusions are necessitated by the nature of the criminal proceeding.
- Principle number one: The criminal proceeding is divided into three main stages: the investigation stage (and accompanying proceedings such as seizure and search warrants and detention for days); the stage of filing an indictment (and accompanying proceedings such as detention until the end of the proceedings and a request to review investigative materials); the trial stage (at the end of which a verdict and sentence are issued).
Principle number two: An interrogation may be covert at certain stages and may be open later on. In any event, during the course of the interrogation, the suspect is not supposed to be exposed to the line of interrogation or to the evidence that the investigators have collected or wish to collect. This is why warrants under section 43 of the Criminal Procedure Ordinance [Arrest and Search] 5729-1969 (hereinafter: the Criminal Procedure Ordinance) are granted, as a routine act, ex parte, without the suspect being given the right to plead guilty. This is despite the fact that these orders may violate the suspect's privacy (for example, an order to disclose the suspect's bank accounts). This is the reason why the watershed for examining the investigative materials is when the indictment is filed, after the suspect has become a defendant. For this reason, even after an indictment has been filed, the investigative actions that the police have carried out or are about to carry out as declared by them to a detention court for days, do not constitute "investigative material" that the defendant has the right to review (see, for example, Miscellaneous Applications Criminal 1388/18 State of Israel v. Anonymous [published in Nevo] (March 12,2018); Miscellaneous Criminal Motions 6229/18 Anonymous v. State of Israel [published in Nevo] (August 19,2019); Yitzhak Amit Privileges and Protected Interests - Discovery and Review Proceedings in Civil and Criminal Law 287-290 (2021) (hereinafter: Amit Privileges).