"Torture" for defendants awaiting review: "Once we waited 3 weeks, today it comes to a year"

The president of the Magistrates' Court harshly criticized the length of time required for the probation service to prepare surveys.

In response to their request to postpone a hearing in the case of suspects fraudulently to March, he clarified: "Do not agree with this situation, we need to find ways to deal with the congestion."

And also: the outrageous argument presented by the service for delay in another case

Eli Ashkenazi

20/12/2021

Monday, 20 December 2021, 15:05 Updated: 15:08

• Share on Facebook

• Share on WhatsApp

• Share on Twitter

• Share on Email

• Share on general

• Comments

  Comments

The president of the Magistrate's Court in Nazareth, Doron Porat, yesterday (Sunday) harshly criticized the probation service, saying that the lengthy time to prepare a survey for the defendants is tantamount to torture.

"The continuation of criminal proceedings long after the date of the offense, due to the preparation of a review, has far-reaching consequences," Judge Porat wrote, "among other things at the level of rehabilitating the defendants, along with severely violating their right to a short and substantive criminal proceedings."

Judge Porat was required to postpone the hearing yesterday in March following a request by the probation service to postpone a hearing on sentencing arguments in the case of two defendants in a forgery and fraud case, in which 13 senior members of the Balad party were convicted. Accumulation of inquiries to the probation service, lack of standards, or non-staffing of existing standards.

More on Walla!

Regional Election Commission: The mayor of Kfar Saba made illegal use of its resources

To the full article

More on Walla!

• The rape case in a high school in Tel Aviv: The student will be charged with rape and indecent acts

• "With them, there is no such thing as a warning": behind the struggle against the 6006 organization, which terrorizes the north

• The tactical game of Saar and the unresolved questions: Behind the scenes of the election of the next ombudsman

• B-Cure Laser - Does It Really Help Eliminate Pain?

"Awake to the manpower shortage, but ways must be found to deal with the congestion" (Photo: Shlomi Gabay)

The probation service is part of the law enforcement system and is responsible for providing diagnosis, supervision, treatment and rehabilitation services to those involved in a criminal incident aged 18 and over.

The surveys are written by probation officers who meet with the defendant.

The probation officer then formulates his recommendation in light of a number of factors - the seriousness of the offense, the circumstances of the commission of the offense, the criminal history and the degree of acceptance of the defendant's responsibility and the intensity of remorse he expresses.

In the present case the survey is necessary for the court to determine whether the defendants can serve a sentence of service on behalf of the public.

"I ' For the preparation of a survey. Over the years there has been a deterioration in the required length of time and now the probation service is requesting a delay of eight months and even about a year for preparing a survey. I am not right to accept this situation The test. "

The judge added that "it is possible to learn from the conduct of the public defense and similarly organize the probation service. Outsourcing, allows flexibility and adjustment of capabilities to changing requirements.

"If there is no water in one neighborhood, will we stop supplying the entire city?". Nazareth Court Hall (Photo: Eli Ashkenazi)

Judge Porat also expressed his anger at the probation service's position not to file a review in the case of five defendants from the north, due to the fact that the probation service in the Central District could not file a review in the case of two defendants from the center.

"I have not found a reasonable justification for this position," the judge wrote.

"It is indeed appropriate to submit a survey for all the defendants and end the hearing for all of them unified. However, where there is a delay for some of the defendants, there is no reason to delay the conclusion of the other defendants' case, just because. "Will we stop the water supply to the whole city so as not to discriminate between the residents? It is clear that this should not be done. In the same way, the submission of surveys in relation to the northern residents should not be delayed, because the central district has difficulty meeting the court."

The judge ruled that the probation service must pay compensation of NIS 300 to each of the two defendants and legal expenses of NIS 500 to the state treasury.

• news

• News in Israel

• Criminal news and law

Tags

• Magistrates' Court

• Judges

• Judicial system

• Nazareth