First Minister under Inquiry – Guidelines for the Emergency – Israeli Elections


The conduct of Chief Justice Benjamin Netanyahu's conduct has led to a number of constitutional questions about the next steps that should be taken if there is a complaint. Many of the questions that emerged through these surveys have resulted in the expectation that a current prime minister had never been convicted and a recognized lawsuit on this issue. Whatever the result, the political and legal community of Israel should accept the moment and consider legislation to regulate this, so that the system is ready for a prime resettlement that may be the future survey.

The following guidelines represent the complementary wisdom of the Israeli Democracy Institute of pupils. explains the different situations and sessions that Israel will come into politically and legally irresponsible waters.

Q. Does the Attorney need to nominate his / her intentions to face his / her Prime Minister (in hearing) before the elections are held?

F. If the general solicitor is able to test the issues in a reasonable time ahead of the elections (several weeks), most legal experts will arguing that its decision is to be stated as a result of the right to know & # 39; public. They say that the same considerations that the police should have to know when the investigation and its results have been launched, apply to the applicant's decision. Other legal experts think at this time, with elections weeks away, that the general petitioner would be more likely to be able to; keep its decision, so that it does not allow the vote of the public. Even if a decision is made after the election, it would be likely to criticize the applicant's request; Trying to convert voters' devolution through legal means.

Q. What about costs to affect the elections?

F. Legal authorities have the right to work independently and professionally to investigate claims made by the prime minister, or other officers, on crimes, and if so, they will give justice to those who are on the break law. Its & # 39; also have the right; public to know if applicants for a public position may have been committed to crime. Detailed information that is not considered as an attempt to "influence the elections." At the same time, law enforcement agencies are responsible for what they can do to influence political processes, especially in the ongoing elections, and to follow the requirements. These must be noted when attempting to carry out research and publication. This is why they should avoid their decision at a date that is too close to the elections.

Q. How important is a decision to & # 39; state that a hearing will be held?

F. The decision of the general solicitor is not a final decision, and may be amended after hearing. During the hearing, the accused person has given the opportunity to declare errors in the legal examination, evidence, or even build new arguments to protect or defend.

Q. How important is the hearing process?

F. Israeli law requires a written hearing or a person before making a decision to throw someone off for criminal offenses. Exceptions are usually made to elected officers, even though they are accused of crime as badly. The hearing must be held within 30 days of publication to give such conviction, unless the extension is given. Normally only one session (although usually there are sessions or two). In practice, when it comes to complex issues that suspect breach of trust, it usually takes several months between the news to be thrown and the hearing itself. According to data from the procurator's office, when personally audited, 41% of the final cases (49 out of 129 cases). However, it should be noted that when a lawyer was assisted by the procurator's office, Coming with police inspectors – as happened to Prime Minister Benjamin Netanyahu – then a ban on hearing after a huge hearing.

Q. Can the Prime Minister stay in the office if the complaint is issued, do you expect to hear?

F. Since the final decision is not finalized until the end of the hearing, there is no legal requirement for his / her principal to take action if a complaint is made. However, other considerations, such as a public opinion or concern regarding the confidence of the public in the rule of law, can give a public number to decide to retire. There is an additional capacity in the Basic Law: the Government, where the prime minister can say that he is able to fulfill his position over time and continue for 100 days. However, this does not appear to be a practical option in this case. Based on previous issues, more than 100 days will usually be passed between the intention and the final decision of the general solicitor.

Q. Is there a reason why the Prime Minister can not run for election when it was set out?

It is expected that the Prime Minister Benjamin Netanyahu will be innocent until it is confirmed otherwise, and there is no legal impediment that prevents him from being offended. run for the office or from being elected.

But there is also a political issue. In the Israeli electoral system, the parliamentary elections follow, the magnificents of the parliamentary elections; Choosing a member of Knesset who believes he is more likely to succeed, and does work for him by doing so; creating government. There is no legal barrier that prevents her; President to take this action to Netanyahu after the elections. However, the law does not block its & # 39; president from sending to & # 39; Case for another MK from the Netanyahu list, or to MK from another party suggested by Knesset words.

Q. What is the importance of Netanyahu to? Lead as Prime Minister if a final decision is made on a complaint?

There is no legal prospect for a prime minister to resign his position if it is identified, and there is no clear legal requirement to do so; he needs to retire before all legal processes are finalized. However, as in cases similar to prosecuted ministers while they are in post, the public can ask whether the decision is to be done; staying in the office is reasonable under those circumstances. This question is usually determined by the High Court; Justice if Netanyahu re-election, will be identified and then resigned to resign.

Despite this, our legal experts believe that, in accordance with public regulations, it is appropriate for any elected officer identified to have large offenses; retiring from the government after hearing. At the top of the political pyramid, suspicious may be inaccurate to the integrity of the public in the rule of law. He would also create a great deal of conflict; interest for their president, who is responsible for & # 39; ultimately for the Ministry of Justice. Such a situation could therefore impede the capability of its president to rule the state of the state of affairs while & # 39; as he defends himself in court.

Q Overview of dialects?

During the recent town elections, the policy policy office has taken office to continue to investigate many and other officials to decide whether to refuse a number weeks or pre-local elections. It seems that it is reasonable to submit this one policy to the Netanyahu research.

A decision to avoid attacking would take away the suspicious cloud; hang over it, and allow them to run for the unofficial office with criminal allegations. It is a necessary decision that voters may be able to; come to an informed decision, including whether the applicant whose question is desirable has been selected and the ability to complete their term if they are elected.

Q. What about changing personal legislation specifically for its president?

F. There should be no place in Israel for personal legislation that protects a particular person from conviction. Such legislation stands in conformity with the principles of the rule of law and equality before the law. But even a law that any future prime minister would revenge from the prosecution for major crimes would cause a serious damage to the rule of law. The "Law French," which is often known as the beginning of Israel, is an independence of the democratic world. It is a law that may be suitable for a presidential system, but not in a single parliament.

With its dispute about this issue, and the major initiatives involved, it is essential that we learn lessons from this issue and its; Consideration of changes to the fundamental Laws are already in place to carry out effective scrutiny of elected electors in the future, who are facing criminal criminals of wrong crimes. These changes can include the establishment of an appropriate system of hanging or disconnected during its duration; process of inspection.

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