Shame on you! Prime Minister Netanyahu officially filed his request for immunity

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by Ifi Reporter Category:Law Jan 1, 2020

Prime Minister Benjamin Netanyahu (Wednesday) officially filed his request for immunity from prosecution just hours before the deadline for filing. In light of the request for immunity, the legal proceedings against Netanyahu are frozen until the Knesset Committee is formed to discuss the request for immunity. It should be noted that contrary to Netanyahu's assertion that the immunity is temporary, he sought substantial immunity from some of the charges against him, which would grant him a permanent exemption from prosecution for them.
Netanyahu's Attorneys wrote at the beginning of Knesset Speaker Yuli Edelstein's request that Netanyahu seek to "uphold the democratic process and respect the will of voters," emphasizing that the immunity is for one term of the Knesset, and the case will be held in any event.
 Netanyahu, who is facing charges of bribery, fraud and breach of trust, claimed in his request that the grounds for immunity that he faced were discrimination against him, lack of good faith in the indictment against him and actual damage to the Knesset's functioning due to the conduct of the criminal proceedings. In addition, Netanyahu noted that all his actions were done lawfully and some even in his role as prime minister.
The request for immunity reads: "The prime minister is innocent and intends to fight the court in the wrong decision to prosecute him and prove that there is no basis for his charges and his actions were done lawfully. After a judicial process, the prime minister will undoubtedly be eligible."
"At this point, however, the prime minister is calling on the Knesset to grant immunity," it said. Netanyahu added that as part of the Knesset debate on the request for immunity, he will seek to substantiate his claims through evidence and witnesses, which he will present later.
According to Netanyahu, the Knesset has enacted the Immunity Law "with the aim of expanding the opinion of Knesset members in determining immunity, while making a decision to consciously deviate from the Supreme Court ruling." He added, "The amendment to the law added another immunity cause that if the indictment would cause a government damage to the electorate's representation and the Knesset's function, the Knesset could grant immunity. Difficult. "
Netanyahu added that not only will the public be harmed. He claims that the Knesset itself - including its committees - will be damaged as a result of the indictment.
Netanyahu claimed that there was discrimination against him, which was expressed "throughout the process." According to him, the Supreme Court completely ignored the legal and unequivocal opinion received by the prime minister, according to which he was entitled to receive gifts from his close friends. The Supreme Court decision is contrary to other decisions, in which anyone who relied on a legal opinion has not been prosecuted. This is what discrimination and enforceable enforcement looks like. "
The request for immunity also states that the indictment was filed not in good faith. Netanyahu argued that the mood among senior police officers was that he was working to persecute them, saying that "there is concern that the police investigation was not conducted to investigate the truth but to avenge the prime minister." Netanyahu also complained about leaks from his media investigations, calling them "field trial."
It also states that "the Prime Minister will claim that in the 2000 case he had substantial immunity from prosecution, which all attributed to him in this charge was done by him in his capacity as a Member of Knesset to prevent the promotion of a bill." The 2000 case deals with the prime minister's talks with Yedioth Ahronoth publisher, Noni Moses. It is also argued that Netanyahu also has substantial immunity in the 1000 case, since the indictment attributes to him actions taken as a Knesset member, in examining the possibility of promoting legislation.
Members of the Knesset have two types of immunity: the first is the immunity, which is permanent immunity from criminal and civil responsibility for the role. It derives from two sources - the Knesset Basic Law and the Knesset Immunity Law, their duties and their rights, which gives the Knesset an exemption from civil or criminal liability for voting, oral and written opinion, or for any act he has done in the performance of his duties.
There is also hearsay immunity, which exempts the MK from criminal responsibility for past offenses and not before his term begins. This is expressed in Article 13 of the Knesset Immunity, Their Duties and Rights, which allows the Knesset to state that the PM will have immunity Criminal on the charge of indictment unrelated to the performance of his duties. The Knesset will not make such a decision except at the motion of the Knesset Committee.
Netanyahu primarily seeks hearsay immunity - immunity from criminal law on grounds of discrimination, lack of good faith, and argues that conducting the procedure would impair the functioning of the Knesset and the representation of voters. This is immunity from acts done out of the scope of his duties. However, he also notes that "all of the actions were done lawfully and some of them were done within his role," and he therefore incorporates the claim to substantial immunity - regarding Case 2000 and part of Case 1000. That is, in these matters, Netanyahu seeks automatic exemption, not exemption. Temporary. Therefore, here the immunity will be fixed.
There is also hearsay immunity, which exempts the MK from criminal responsibility for past offenses and not before his term begins. This is expressed in Article 13 of the Knesset Immunity, Their Duties and Rights, which allows the Knesset to state that the PM will have immunity Criminal on the charge of indictment unrelated to the performance of his duties. The Knesset will not make such a decision except at the motion of the Knesset Committee.
Earlier, Blue and White Chairman Benny Gantz attacked Netanyahu's request for immunity, claiming that "anyone who thinks there will be nothing because there is nothing, is not afraid to stand trial." To the agenda. Blue and white will do everything legally, and will work to establish a Knesset committee, in order to prevent the criminal defendant from being immune. Netanyahu is suspected and charged with taking bribes, and is guilty of dragging the State of Israel and its citizens hostage to his legal battle. He has already dragged us three times a year to election campaigns that cost billions of shekels - money that can go to the course hospitals, Holocaust survivors and our children's education. "
A few hours before Netanyahu's announcement of a request for immunity, members of Blue and White approached Edelstein with a request to convene the committee to discuss it already tomorrow. Israeli House Chairman Avigdor Lieberman announced that he would support the establishment of a committee to discuss Netanyahu's immunity.

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