When will the Netanyahu trial begin and will there be a plea bargain? Guide to the day after the indictment

With Netanyahu's announcement of withdrawing the Knesset's immunity request, the indictment was filed against him for bribery, fraud and breach of trust to the Jerusalem District Court. Can the immunity application be re-submitted and can it form a government? Everything you need to know about the upcoming trial

When will the Netanyahu trial begin and will there be a plea bargain? Guide to the day after the indictment

After Prime Minister Benjamin Netanyahu waived Tuesday's motion for immunity from prosecution in the Knesset, the indictment against him for bribery, fraud and breach of trust in investigative files 1000, 2000 and 4000 was filed with the Jerusalem District Court as required by law. Netanyahu explained that he wanted to concentrate on promoting the century plan that the United States would present, but his announcement was intended primarily to prevent the public and media embarrassment that might have arisen during an election period in discussions surrounding this request.

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Indictments against Prime Minister Benjamin Netanyahu (Photo: Image Processing)

Where will the trial take place and who will be the judges?

According to the law, an indictment against an incumbent prime minister is filed with the Jerusalem District Court, and will be made up of three judges. The judge in the case is the president of the Capital District Court - Justice Aaron Farkash.

When will Netanyahu's trial begin?

After the indictment is filed, a reading hearing is usually scheduled. This is a procedure in which the judge makes sure that the defendant knows and understands the indictment. It is inevitable that the debate will be scheduled even before the election, but it is more likely to be scheduled after. Theoretically, the court may dismiss a defendant from attendance at the reading hearing, but this is not customary and usually the justices insist.

However, the evidentiary process - which forms the heart of criminal law in which witnesses are heard and the evidence presented - is not expected to begin in the coming months. This is because in order for the court to move to the evidentiary stage, all of the investigative materials must first be passed on to defense attorneys, given them time to study them, and submit various preliminary applications.

According to the law, the indictment against an incumbent prime minister was filed in Jerusalem District Court (Photo: Omar Miron)

Jerusalem District Court, December 2011 (Photo: Omar Miron)

At this point, can Netanyahu still reach a plea bargain?

Yes. The prosecutor's office and the defendant can reach a plea bargain at any stage of the proceeding, even after hearing the evidence. However, because one of the main reasons for reaching an agreement is saving time and resources that the procedure requires - as the trial is at a more advanced stage, the prosecutor's incentive to reach an agreement diminishes.

Will Netanyahu be able to run for election and form a government after he is indicted?

In principle, the answer is positive: The law does not prevent a criminal defendant from running for prime minister or even holding office. However, the High Court hinted earlier this month that it might intervene. The composition of the judiciary, led by Esther Hayes, refrained from discussing whether the Netanyahu could be charged with the government because he did not win the election, as a theoretical question. The judges added that this is a judicial issue, so if Netanyahu does win the election, it is inevitable that they will discuss it on the merits.

After withdrawing the request for immunity, will the Knesset Committee be formed?

The plenary today approved the establishment of the Knesset Committee, despite the election period, in the majority of 60 Knesset members. The committee in the prescribed composition is expected to convene for the first time on Thursday to discuss MK Haim Katz's request from the Likud for immunity from prosecution. Katz's request for immunity is expected to be heard only twice, and in the first hearing, Mandelblit will present the indictment against him.

The proof process is not expected to begin in the coming months. Netanyahu (Photo: Alex Kolomoisky)

PM Benjamin Netanyahu at a Cabinet Meeting, January 19, 2020 (Photo: Alex Kolomoisky, Paul Photographers)

Will the Knesset Committee discuss Netanyahu's immunity?

No. The committee will have to convene and ratify the withdrawal of Netanyahu's request for immunity.

Can Netanyahu Request Immunity Again?

No. Immunity can be requested before the indictment is filed, and the Knesset member has only 30 days to do so once the attorney general has announced that he has decided to indict him.

The overlap began in the White House; the century deal failed to overshadow the immunity fraud

Netanyahu Affair Timeline (Photo: Image Processing)