ShutterStock
Deep scar: The purulent wound of women's false complaints
The woman filed a false complaint, obviously the man did nothing.
A clear case of innocence, no?
The reality is not so simple, and shows that if a complaint has been received by the police, the image and economic damage may remain forever
Rafi Shadmi
21/06/2022
21/06/2022
Share on Facebook
Share on WhatsApp
Share on Twitter
Share on Email
Share on general
Comments
Comments
Until about six months ago, Yoav served as VP of operations at a leading defense company. There are countless words of praise for his effective work. So if so, why was he recently fired with shame and thrown to the dogs?
According to the State Comptroller's report, between 2015 and 2020, the State Attorney's Office closed some 28,000 criminal cases, most of which were closed due to lack of evidence
.
Reflects a blatant unfairness on the part of the police, which also deprives the right of thousands of Israeli men, whose names have been tainted for no injustice by their spouses, in the context of divorce.
Arrive for interrogation and even though there is no injustice on their part, the name is still stained (Photo: ShutterStock)
The law allows the prosecution to close a criminal case in one of three options: lack of sufficient evidence, lack of guilt;
A settlement is conditional on a case where the circumstances of the case do not justify prosecution ("lack of public interest").
The only option that does not leave a Cain letter and actually deletes the criminal record is a ground of innocence.
The State Attorney issued a directive in 2019 according to which, for the purpose of deciding on the reason for closing a case, a prosecutor (police or attorney) must examine the degree of likelihood that the suspect committed the offense attributed to him.
The lower the chance that the suspect committed the offense (as evidenced by the evidence), the more likely the cause of closure is "lack of guilt";
Whereas the higher the likelihood that the suspect committed the offense, the case should be closed on the ground of "lack of evidence."
But a separate instruction and reality separately: Take for example A., whose wife, who refused to divorce, threatened that she would not allow him to see his minor son and impoverish him.
She filed a complaint with the police, according to which A. got on his foot with his vehicle and crushed it on one of the occasions when he came to pick up their joint son.
It was clear to the police that if there had been a "trampling incident" she would have been injured, but she was not injured at all.
Despite this, instead of closing the case on the ground of innocence, the case against A. was closed for lack of evidence.
Thus his clean image was tarnished forever.
This prevents those nylons from running for a public service job, carrying a weapon and even getting a work visa in another country.
In addition, should God forbid they find themselves facing a judge for any reason, closing the case on the ground of lack of evidence will hover over them and affect his impression.
The real criminals should be punished, but what about those who did nothing? (Photo: ShutterStock)
Adv. Rafi Shadmi (Photo: Rafi Shadmi Law Office)
This reality has already been criticized by the Supreme Court.
In the Cabralo High Court it was ruled that “a person’s good name is a valuable asset.
A criminal suspicion raised against a person is a stain imposed in the good name.
It is possible to understand the heart of a person who is convinced that he is innocent, when he demands that a suspicion raised against him be completely erased, and in a case opened against him it will be recorded that the case was closed because it turned out that he is not guilty.
" Substantial resources for gathering evidence that clears the suspect. This is not an activity that carries an image profit for the police. Second, closing a case of innocence leads to the information in the police database being deleted - which contradicts the police's need to gather information about Israeli citizens. Because the information available in the police registry is important for obtaining a broad picture of the suspect and may teach about his methods of operation.
In conclusion, the fact that in the 21st century, tens of thousands of citizens live with the sign of Cain on their foreheads is unbearable.
This is a blurring of the boundary between authorities as the actual police is both the executive and the judiciary.
The only entity that may impose a sentence on a person in Israel is the court and not the State Attorney's Office or the police.
The law should be amended and the police should be left with only two options: closing the case on the grounds of innocence, or filing an indictment against the detainee.
The author is a family law attorney.
More on Walla!
"The more extreme the scenes, the greater the challenge": Movies for the Blind
To the full article
Sheee
Sheee-talk
Tags
False complaints
