What is the chance for the High Court to intervene?

At the end of a heated debate, the plenary decided that the former minister, accused of fraud and breach of trust, would not be prosecuted during the current Knesset term. Various organizations have already petitioned against the decision, and according to history the court may reverse it. What exactly did the Knesset decide and how can the procedure be changed?

What is the chance for the High Court to intervene?

The Knesset on Monday approved the granting of immunity from prosecution to former Minister Haim Katz of the Likud, who is accused of fraud and breach of trust in the stock affair. The vote was held at the end of a heated debate in the plenum, after the Knesset committee, which was formed exceptionally during an election, approved Katz's request two weeks ago.

In light of the results of the vote, Attorney General Avihai Mandelblit will not be able to file the indictment against him in court. Walla! NEWS explains what the charges against him, what the Knesset members have decided and whether and when Katz will stand trial.

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Katz during Knesset plenary hearing yesterday (Photo: Reuven Castro)

Debate on the Knesset Plenum - Proposal of the Knesset Immunity Committee for Life Katz, Knesset, Jerusalem, February 17, 2020 (Photo: Reuven Castro)

What are the charges against Haim Katz and what exactly did the Knesset decide?

The Attorney General announced about six months ago that he had decided to indict Katz, on charges of fraud and breach of trust. The indictment refers to the relationship between Katz and his close friend - capital market man Moti Ben Ari. According to the State Prosecutor's Office, Katz put on the Knesset table a proposal that Ben Ari initiated to amend the Securities Law - which benefited, among other things, with Ben Ari and Katz himself. After the proposal was read in advance, Katz channeled it to the welfare committee chaired, "and expedited the proceedings, while pushing much of the professional's comments during the hearings."

Katz was also accused of hiding committee members from his relationship with Ben Ari, and invited the latter to appear before the committee as an objective expert in the field. The matter came up for discussion in the Knesset Ethics Committee, and according to the indictment Katz lied to the members of the committee and hid from them the substance and depth of his relationship with Ben Ari.

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What did the Knesset members decide?

The Knesset has determined that Lachts will have hearsay immunity on two grounds set out in the law: the first, because the Knesset members believe that she was accused of being violated "in the performance of his or her capacity as a Knesset member", and secondly because he has already undergone a procedure in the Ethics Committee Criminal, given the gravity of the offense's substance or circumstances, would not cause a significant harm to the public interest. " Another cause that was not passed in the Knesset committee, for lack of good faith in the indictment, did not come up for discussion and voting yesterday.

What is Disciplinary and Essential Immunity?

Disciplinary immunity means that the indictment against Katz cannot be brought to court during the current Knesset term.

Substantial immunity, according to Dr. Amir Fox, a researcher on the Democratic Values ​​Program at the Israeli Democracy Institute, applies to action taken during the post and the post of Knesset member, which is not something the Knesset gives or points to, but the court. It does not apply only during the term of office, and it is impossible to prosecute at all for an action that fulfills its conditions, ”he said.

PM Netanyahu reaches Immunity for Haim Katz yesterday (Photo: Reuven Castro)

Debate on the Knesset Plenum - Proposal of the Knesset Immunity Committee for Life Katz, Knesset, Jerusalem, February 17, 2020 (Photo: Reuven Castro)

Isn't that exactly what Knesset members have said about Haim Katz?

"When they enacted the current version of the Immunity Law in 2005, one of the reasons is that Knesset members believe that the conditions for substantive immunity are met, and that is one of the things that has been established today for Haim Katz," Dr. Fox explained. A trial could state that a lawsuit was in place, or that the prosecution in the first place could not be indicted if it was convinced that a particular act was done as part of the Knesset's role. "

However, Dr. Fox emphasized that “voting today did not create substantive immunity, but deliberative. Therefore, it will not prevent Katz's prosecution for good, and the decision will expire at the end of this Knesset's term. "

What does come under the intrinsic immunity?

"Not every act that goes verbally under the phrase 'while performing his job' will gain immunity," Dr. Fox emphasized. "Otherwise, even if a Knesset member receives a bribe for his vote, then it is his job. But the court has explicitly said that immunity should not protect criminal acts, nor allow corruption offenses, even if related to legislation or voting, but to give a member of the Knesset a margin of security, especially on issues of freedom of expression. For example, if a Knesset member participates in a demonstration, and in the process it becomes an illegal demonstration. "

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And what does fictional immunity mean, like the one granted to Katz?

While substantial immunity means that the act of the Knesset is part of his job, and therefore never to be prosecuted, the procedural immunity can relate to any offense, which means that the charges cannot be discussed during the Knesset's term. The purpose is to prevent the law authorities from being able to "torpedo" a Knesset member's term through reckless charges.

Can't file the indictment against Katz to court. Mandelblit (Photo: Olivia Pitosi / Flash 90)

Attorney General Avihai Mendelbit at Immigration Debate and MK Haim Katz, Knesset, Jerusalem, February 4, 2020 (Photo: Olivia Pitosi, Flash 90)

"Disciplinary immunity can be any offense, and only the Knesset is empowered to grant," Dr. Fox said. "It is designed to protect members of the Knesset from the persecution of the executive branch," he clarified. "It exists in several places around the world, and its historical source is Not very democratic regimes, where rulers could get rid of the opposition by mere accusations. "

According to Dr. Fox, the idea is that Parliament can defend itself against unfounded accusations by the executive, which usually controls the prosecution and the police. "What remains is the protection of the MKs from the bullying of the executive, and thus the central cause of the immunity, which was not granted Lechetz, is that the indictment was filed not in good faith or discrimination.

Can the High Court Intervene in the Knesset's Decision?

Yes. Immediately after the plenary decision to grant Katz immunity, a petition was filed with the High Court against it by the Israeli Democracy Guard, and the Movement for Quality Government announced that it would file a similar petition. According to Dr. Fox, history shows that this is a "quasi-judicial" decision by the Knesset. In a classic legislative decision, the High Court feels more free to intervene and has done so in the past. "As much as there is no evidence to uphold the grounds for granting immunity, the court can intervene," he said.

"I don't know if he will do it immediately, because he might say that immunity is going to expire in two weeks anyway, so it is worth waiting to see what the next Knesset will decide," Says Dr. Fox. The trial would have to be required for that. In the history of these decisions, the court did not see it as a political decision, but a quasi-judicial decision, allowing it to go in-depth and review the process. "He said," The decision should not be radically unreasonable (to overturn) and, in my opinion, the court can intervene as it finds it The conditions for granting immunity do not exist. "

Katz with Likud MKs and Shas, yesterday (Photo: Reuven Castro)

Debate on the Knesset Plenum - Proposal of the Knesset Immunity Committee for Life Katz, Knesset, Jerusalem, February 17, 2020 (Photo: Reuven Castro)

Are there any suggestions to change this procedure?

"We recommend, as previously recommended by a committee headed by former Justice Minister Moshe Nissim, to take this decision out of the hands of the Knesset, and pass it on to a professional public committee," Dr. Fox recommended. The MKs seem to decide on Haim Katz's conflict of interest, but there is a problem there because they have political considerations, and it also affects the person you have known for many years, and some have even said it in discussions. "

"What is most problematic is the cause of the Knesset stating that it believes to have substantial immunity," he added. “It puts the MKs in the corner that they have to decide how critical they are of themselves. It's like letting the teachers' union decide when teachers should be exempt from criminal responsibility - so it's clearly in their best interest to expand. "