Defense in Criminal Trials
According to the Israeli Penal Code, two elements are required to prove a criminal offense : a state of mind element and a factual element. The state of mind element constitutes a criminal intent to act and perform the felony or a knowledge that the wrong doing will result in a felony. The factual element is the action that constitutes the felony. There are situations in which one can claim a defense to a criminal conduct. Proving the defense means that the person charged will be exempt of criminal responsibility to his misconduct. The Israeli law includes several defenses such as: Insanity, Drunkenness, Self Defense, Urgent Need, Justification, De Minimis and more.
According to chapter 60A to the Israeli Criminal Procedure Code, the prosecution is obliged to perform a pre-trial hearing before filing a criminal indictment to court.
The suspect is allowed to receive the case file through his defense attorney and explain the defense arguments against filling the indictment, in writing and in a meeting with the prosecution. The pre-trial hearing is an efficient and important tool, that can save time and money preventing being charged in criminal trial in court.
In criminal offenses that are not considered a felony, a defendant can refrain completely from criminal trial, by signing a conditional plea agreement. It is an alternative proceeding, in which a person signs a written agreement committing to refrain from future criminal actions, pays a fine or compensation without any criminal record.
Criminal Defense representation requires professional skills and deep knowledge of the law. The life and freedom of people are at stake, therefore one should get the best legal representation.
Attorney Yafit Weisbuch is a very experienced defense attorney, representing in complex criminal trials, plea agreements, pre-trial hearings, criminal appeals to the Supreme Court and also represents soldiers in Israeli Martial courts.
Among the Weisbuch Law Firm achievements, are acquittals in criminal trials and low punishment plea agreements:
* Acquittal in severe felony trial in Jerusalem District Court and rejection of the State appeal by the Supreme Court.
** Plea agreement in an attempted murder case, reducing the felony to battery and low punishments.
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