Unfortunately, during recent years, we have been witness to the fact that criminal law has constantly supplied the major communication networks with headlines emanating from the rise in crime of all sorts.
However, behind the scary headlines and the criminal organizations, there are ordinary citizens who have found themselves in problematic situations, resulting in police investigations or investigations from other authorities.
The intention of the police is to investigate any type of complaint such as a “simple” dispute between neighbors or a family dispute that escalates, investigation by of the taxation authorities, or the investigation by soldiers summoned by the military CID and so on.
On many occasions, youngsters get into trouble at school or in the neighborhood and such instances lead to police investigations.
It should be noted however that these investigations which seem to appear to be a “query” to the person being investigated, on many occasions lead to the opening of a criminal file, and in many instances also to a trial and sometimes conviction.
It is important to emphasize that the very opening of a criminal file can absolutely disrupt the life of any citizen, not just in terms of his self-image and his mental and emotional well-being, but also in regard to many other aspects of his life, for example, government employees or those employed in places where simply the opening of a criminal procedure often does not allow for their continued employment.
In light of the above, it should be emphasized that the initial investigation itself is that which can determine the judicial process. Preparation and a thorough understanding of the process, professional advice and appropriate consultation, are factors that can help prevent an undesirable outcome. One such example is that a person being investigated should understand the course of an investigation and what his/her rights are during the process as his/her rights that are very often “trampled upon” by police investigators seeking to achieve their goal at all costs.
The person being investigated is amongst other things entitled to receive legal advice prior to his investigation and can even use his/her right to remain silent. Recently in the principle judgment handed down by the Supreme Court of Israel in the case of T. Issachov Criminal Case Number 5121/98 before a broad panel of judges, it was found that in the absence of professional supervision by an attorney, police investigators are not fulfilling the exact requirements of the law.
In the case of minors, the legislation ensures the rights of minors including inter-alia the right of the parents of the minor to be present with the minor during the investigation. Recently, Amendment 14 to the Youth Law has strengthened the rights of a minor in the criminal investigation process. However, the minor and his/her parents are usually not aware of these rights and by the time they become aware of them – it is often too late!
Unfortunately, citizens do not choose to realize their rights when being investigated or interrogated by the authorities, each for his/her own reasons. For example, one may fear a police warning and when pressure is brought to bear upon him/her the individual is persuaded otherwise. Another example is that false promises by the police where the person being interrogated believes that co-operation at an early stage will bring the process to a speedy conclusion. Another citizen may feel that the right to remain silent and the need for professional legal representation does not “look good” and therefore it is not in his/her best interest to make use of legal representation as it is best to appear a “law-abiding naïve citizen“– a grave mistake!.
As detailed above, these are some of the most common and grave mistakes made by people in relation to the criminal process referred to earlier in this article.
In light of the above, it is strongly advisable that each person exercise all of his/her rights available to him/her when provided or until such time as they may be taken away from the person and not to be so hasty in co-operating with those investigating him/her.
Cohen Segelov & Co. Advocates and Notaries together with Advocates Yaron David and Adi Keidar, criminal lawyer advisors to Cohen Segelov Advocates and Notaries can assist you in all criminal matters.
Many clients of Cohen Segelov & Co. Advocates and Notaries have chosen our services in criminal law as they are able to receive the required legal service in the English language.
Please don’t hesitate to contact us for further information.
Cohen Segelov & Co. Advocates and Notaries
Telephone: 972 3 613 4244
Fax: 972 3 6134245
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This article contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information contained in this article as an alternative to legal advice from us. If you have any specific questions about any legal matter you should consult us directly. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information contained therein.
