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Under pressure from the court: The military prosecutor's office will make it easier for permanent residents to consume cannabis
The Chief Military Prosecutor has decided on a policy change, on the recommendation of the Supreme Court President, in which officers and opponents caught smoking drugs in civilian circumstances will not necessarily be tainted with a criminal record.
Chief Military Advocate: "We will work to compare the legal situation of soldiers and permanent servicemen to that of all civilians"
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Cannabis
IDF
Daniel Dolev
Tuesday, 05 January 2021, 17:13
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In the video: The Minister of Justice declares that he will promote the legalization of cannabis within 9 months (Photo: GPO)
The military prosecutor's office said today (Tuesday) that it has decided on a reform that will make it easier for permanent personnel to be caught smoking soft drugs.
As part of the reform, the current policy will be changed so that officers and opponents caught with cannabis will not carry a criminal record with them, once they reach conditional arrangements with them.
The decision on the reform was made in light of pressure exerted by Supreme Court justices, as part of an appeal filed by the military defense.
The Supreme Court hearing was held in September, during which President Esther Hayut recommended re-examining the policy prohibiting conditional arrangements with permanent staff.
Today, the military prosecution announced that in the opinion of the Chief Military Prosecutor, Major General Sharon Afek, it was decided to change the policy.
Under the new policy to be introduced by the military prosecutor's office, it will also be possible to make conditional arrangements with permanent personnel who are caught using light drugs in civilian circumstances.
Among other things, it will be taken into account whether it is against or against an officer, the nature of the specific role they perform, whether the permanent person will be willing to voluntarily terminate his service, and the circumstances in which that permanent person used the drug.
For example, it will be checked if the use was on standby.
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Decided on a change in policy, Chief Military Prosecutor Afek (Photo: Reuven Castro)
The decision comes in the wake of a case in which the military prosecution filed an indictment against a young man who pleaded guilty to smoking cannabis three times while out of his military service.
The defense argued before the military tribunal that civilians in similar cases are sentenced to a maximum of a fine, while soldiers in regular service are entitled to a conditional settlement.
This is a process that has been gaining momentum in recent years in which a suspect admits to having committed an offense, and commits to the terms of the arrangement - for example, not to commit another offense for a certain period, sometimes alongside a fine.
If the suspect meets the conditions, the case is closed without indictment and without criminal record.
More on Walla!
NEWS
The U.S. House of Representatives has for the first time approved the non-incrimination of cannabis
To the full article
If the terms of the arrangement are met, no indictment will be filed.
Cannabis store in Tel Aviv (Photo: Reuven Castro)
Unlike regular soldiers, to this day the military prosecutor's office has flatly refused, as a declared policy, to make conditional arrangements with permanent personnel caught smoking soft drugs, even in civilian circumstances.
In the case of the same counter, he argued before the military tribunal that the fact that he was serving permanently did not justify his conviction for an offense bearing a criminal record, whereas if he had been a regular civilian or soldier he could have avoided it.
The military tribunal accepted the argument, ruling that the prosecution of the opposing party for the offense of using a dangerous drug, only because he was opposed, leads to a discriminatory and unjust result.
For this he convicted him of the offense of "improper conduct," which does not carry a criminal record.
But the military prosecution appealed, and after the military appeals court accepted its position, the military defense sought to appeal again, this time to the Supreme Court.
Hundreds of indictments a year
Unlike regular soldiers, whose indictment is completely erased if they meet the terms of the arrangement, the conditional arrangements with the permanent personnel will be such that they will be convicted of misconduct - so that they will not carry a criminal record.
From the Walla!
NEWS indicates that every year indictments are filed against hundreds of soldiers for the use of soft drugs, but the vast majority are in regular service and only a minority are permanent personnel.
The Chief Military Advocate, Col. Inbal de Paz, welcomed the change in policy. She added that the Military Advocate intends to "continue to work to equalize the legal status of soldiers and permanent servants who devote many years for national security, to the legal status of all civilians."
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