The State Attorney's Office has issued a new directive regarding cases opened against the background of protests • Interference with a police officer? "May establish a public interest in prosecution" • All details

• A protest demonstration in front of the Prime Minister's Residence in Jerusalem

  Photo: 

  Oren Ben Hakon

Demonstrators who harmed the body and property will be prosecuted and face up to two years in prison, according to a new directive from the State Attorney's Office. Deputy State Attorney Nurit Littman issued a directive today (Wednesday) regarding the prosecution policy in cases opened against the background of demonstrations or protests.

The State Attorney's Office explains that the directive, approved by Attorney General Avichai Mandelblit, is intended to establish an equal prosecution policy that properly balances competing fundamental values ​​- the basic right to participate in demonstrations and express themselves freely, against the public interest in maintaining public safety and property. The public, as well as in preserving the right to privacy and other relevant interests depending on the circumstances of the case.

Photo: Yoni Rickner

The directive states that when making a decision on prosecution, several parameters must be examined - depending on the type of offense and the circumstances of its commission. The directive stipulates that, as a general rule, a person should be considered for prosecution for an offense of prohibited assembly, when it was accompanied by additional offenses or it was committed in aggravated circumstances.

It was further determined that it would be appropriate to treat cases in which suspects, in addition to their participation in illegal protests, also treat violent offenses against a body or property - such as throwing objects, splashing water and pushing barriers at police - depending on the level of violence. In such cases, for the most part, there is a public interest in prosecuting the suspect.

In cases where it is a demonstration or protest event that includes characteristics of violence to the body or property on the part of the participants in the demonstration or protest, a riot offense should be considered, for which the maximum penalty is two years' imprisonment.

In addition, the directive further stipulates that offenses involving interference with a police officer in the performance of his duties - such as attempts to prevent police officers from arresting the defendant himself or another demonstrator attempting to prevent his arrest - may establish a public interest in prosecution.

The prosecution is required to examine the circumstances of the disturbance or failure, and there is room to distinguish between an active disturbance or failure - such as pushing a police officer or attempting to withdraw a detainee - then the tendency will be to file an indictment, and passive disturbance or failure - such as sitting and refusing to accompany a police officer. Circumstances of the case.

As for the offense of insulting a public employee, the directive stated that prosecuting this offense is a complex matter, both in light of the ruling on the subject and because of the potential violation of freedom of expression. It is emphasized that great care will be taken in the use during this.

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The directive sets out other circumstances to consider when deciding on prosecution, including the nature of the demonstration and its circumstances to be examined according to its level of violence, the scope and duration of the demonstration, the difficulty of the police to control the demonstrators, the extent of public order and the damage caused by the demonstration. Also, if its location is of special sensitivity or is done at an unusual time that makes it difficult for the police to maintain the safety of the citizens - this will be a consideration for filing an indictment.

The degree of damage to traffic rules, damage to public property, planning and organizing a demonstration planned to carry out actions that constitute a violation of the law, incitement present to acts that deviate from legitimate protests, misconduct of police during the demonstration, suspect age, relevant previous cases and more must also be examined.

The directive stated that when considering the possibility of filing an indictment, the prosecutor should consider the importance of a uniform enforcement policy - both in terms of decisions made in relation to other suspects in the same incident and in principle decisions made in relation to suspects in other protests.