P.Mi Netanyahu's announcement of a waiver of immunity is speeding his way to the bench

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by Ifi Reporter Category:Law Jan 28, 2020

Prime Minister Benjamin Netanyahu's announcement of a waiver of immunity is speeding his way to the bench, as Attorney General Avihai Mandelblit is no longer in charge of filing the indictment tomorrow morning. It is doubtful he will do so now that the prime minister is still in the US or back from his mission, but surely that will happen in the coming days.
The law provides that a request for immunity can be filed within 30 days of the indictment and indeed Netanyahu waited until the last day for the full number of days and filed the application. When he has not filed or returned - which is the case at the moment - he is the same as man. According to the Immunity Law provided for in section 4 (b): "The Knesset Member has not requested as mentioned in subsection (a) (3) and the period as stated therein has expired, or has returned from the request by written notice to the Speaker of the Knesset and the Speaker of the Knesset Committee ... The government has to file the indictment with the court, and the Knesset's judgment, as to the same guilt, is the law of every person. "
In such a situation, the Knesset apparently does not have the power to grant immunity to anyone who is defined as "any person." And at the moment, Netanyahu is "all man."
However, there is a certain interpretative tension between this result and another section of the law, section 13 (a): "The Knesset may, in a decision, determine that a Knesset member is immune from criminal law regarding the charge in the indictment referred to in section 4 (a) and that he will not be prosecuted for the same. Guilt while being a Member of Knesset ... But the Knesset will not make such a decision except at the motion of the Knesset Committee due to an application brought before the committee. "
This unclear provision is inconsistent with Justice Aharon Barak's comment in the Panchasi case that the Knesset is not entitled to re-establish immunity to those who have already been denied immunity. Especially when the defendant is already on the defendants' bench.
The Attorney General is currently waiting to announce when the indictment will be filed. Thereafter, the ball will go to Jerusalem District Court President Aaron Prakash, check the vehicle and set a timetable for the indictment. It will be interesting to see whether election considerations and the upcoming date will be taken into account in determining the deadlines. If alongside the Netanyahu photo alongside Trump, we will also get the Netanyahu picture on the defendants' bench before the election.

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