In response to publicity about the police's use of NSO's cell phone hacking software, and the fear of uncontrolled hacking of innocent civilians' phones, MK Moshe Arbel (Shas) yesterday submitted a bill to disqualify evidence obtained illegally by law enforcement.
According to the wording of the proposal received by "Israel Today", the court hearing a criminal trial will not receive evidence, including the statement of a defendant or witness, an object or any other evidence, if it is convinced that the evidence was obtained illegally and that its receipt at trial will materially infringe the right to a fair trial.
The explanatory memorandum to the proposal states that "the law of evidence in the criminal law of the State of Israel was inspired by the English way, which avoids establishing rules for disqualifying evidence obtained illegally.
The Israeli legislature did not give the courts general authority to disqualify evidence obtained illegally, and contented itself with determining some specific provisions of law that invalidate evidence obtained contrary to what was stated therein. " These were obtained illegally
The meaning of this legal situation is the training of the wrongful measure taken, a violation of the defendant's right to a fair trial and a violation of the legitimacy of the conviction and the public's trust in the judicial system.
The Ministry of Justice recently passed a bill amending the Evidence Ordinance, which seeks to give the court explicit authority not to accept evidence if it is convinced that the evidence was obtained unlawfully and its receipt will materially infringe on the right to a fair trial.
This bill does not balance the desire to reveal the truth to the rights of defendants and suspects to a fair trial, and the damage to public trust and the legitimacy of the judiciary and law enforcement, such as the use of NSO hacking software by the police - may infringe not only the rights of defendants and suspects. Who are unaware that all their personal information is vulnerable to hacking by illegal means.
MK Moshe Arbel, Photo: Danny Shem Tov - Spokeswoman for the Knesset
MK Arbel told "Israel Today": "The investigation published this week is a wake-up call for all elected officials from all factions in the House.
Bleaching and training evidence obtained in this crime is a sick evil that should not be allowed in a democracy.
"In parallel with our demand for the establishment of a parliamentary inquiry committee on the subject of examining the past, this bill will reduce the motivation to do so in the future. If we are objects of life, its legislation should be urgently promoted."
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