Conditional Arrangement at the Police Investigations Department (Mahash)

Conditional Arrangement at the Police Investigations Department (Mahash) is a matter in which the details depend on the role, the information involved and the circumstances of each case. The Police Investigations Department (Mahash) in the State Attorney’s Office investigates police officers suspected of offenses, and it is also authorized to enter into conditional arrangements. Up to 195 of the Department’s arrangements have been published on the State Attorney’s website. If you are a police officer under investigation, or a relative of one, it helps to understand early on what to expect.

About the Process

A conditional arrangement is an agreement between the prosecution and the suspect: the suspect admits the facts and undertakes to meet certain conditions, and the prosecution undertakes to close the case. Under Attorney General Guideline 4.3042, the State Attorney’s Office may enter into an arrangement in misdemeanor offenses that fall within its handling, and in related offenses handled by the police. In drug cases, the State Attorney’s Office will not enter into an arrangement unless a treatment program can be included.

What Is Closed by Arrangement at Mahash

An analysis of the published arrangements found the following offenses recurring most often: assault (about 33 arrangements), weapons (about 27), theft (about 25), threats (about 20), fraud (about 18), and causing injury or negligence (about 16). A single offense may appear in several arrangements, and an arrangement may include several offenses, so the figures do not add up to 195.

Common Offenses

1. Assault (Sections 379 and 380): simple assault or assault causing injury, and also assault on a police officer.
2. Neglecting the safekeeping of a firearm (Section 339(a)): losing a weapon or leaving it unattended. See conditional arrangement for a lost weapon.
3. Theft (Section 384): theft of limited scope, mainly where the property was returned.
4. Threats (Section 192): threatening bodily harm with the intent to frighten or provoke. See closing a threats case.
5. Obtaining something by deceit (Section 415): obtaining a benefit, money or a service by a false representation. This also covers an attempt to obtain something by deceit.
6. Causing injury by negligence and reckless or negligent acts (Section 338): incidents in which negligent conduct caused bodily harm, usually without intent.
7. Sexual harassment (Prevention of Sexual Harassment Law): demeaning or humiliating remarks, or proposals or conduct of a sexual nature, in the workplace or in other contexts.
8. Bribery and breach of trust (Sections 290 and 284): offenses by public servants and office holders, usually concerning a benefit or abuse of office.

Possible Conditions in an Arrangement

• A payment to the State Treasury or to another body, for a period not exceeding one year.
• Compensation to the victim of the offense.
• An undertaking to refrain from offending, usually for a period not exceeding one year.
• Participation in a treatment program, usually up to one year and in special cases up to 18 months.
• Suspension of a driver’s license or deposit of a firearm, usually for up to one year.

The conditions are set according to the offense and the circumstances, and this page does not promise any particular result.

Note: The statistics on this page are based on a classification of the published arrangements and on AG Guideline 4.3042, and they are approximate.

Examples of Published Arrangements

Below are three examples from the arrangements published on the State Attorney’s website, in different categories. The descriptions are abridged and identifying details have been removed. The conditions vary from case to case, so they do not indicate the outcome of any other case.

Sexual Harassment (Section 3(a)(4) of the Prevention of Sexual Harassment Law)

A police officer was suspected of sexual harassment. The conditions: compensation of NIS 2,500 to the complainant, a letter of apology, and an admission in the disciplinary proceeding.

Use of a Forged Document and Attempt to Obtain Something by Deceit (Sections 420 and 415 together with Section 25 of the Penal Law)

The case was closed by an arrangement that included a fine of NIS 2,000 to the State Treasury and an undertaking to refrain from the offense for six months. Among the reasons given: an admission and no criminal record in the past five years.

Simple Assault (Section 379 of the Penal Law)

A police officer was suspected of an assault that took place during a dispute between families. The conditions: an undertaking to refrain from violent offenses for 12 months, and an admission in the police disciplinary proceeding.

How to Prepare

It is worth reviewing the evidence, understanding which offenses are alleged, examining defense arguments before making an admission, and preparing documents on your personal circumstances. See also conditional arrangement, criminal defense lawyer and expungement of a criminal record.

Representation in a Conditional Arrangement at Mahash

Representation includes reviewing the investigation material, approaching the handling prosecutor, presenting the circumstances, and examining the wording of the arrangement before signing. I appear in all courts and represent clients in criminal cases.

Received notice of a conditional arrangement from the State Attorney’s Office? Call Adv. Emanuel Trach: 055-2550011 or leave your details.

Questions and Answers

What is the difference between a conditional arrangement at the State Attorney’s Office and one with the police?

A police arrangement is handled by the Conditional Arrangement Unit in the Prosecution Division and usually concerns relatively minor offenses. The State Attorney’s Office enters into arrangements in offenses within its authority, usually in more complex or serious cases, according to the Attorney General’s guidelines.

Does a conditional arrangement at the State Attorney’s Office count as a conviction?

As a rule, a case closed by a conditional arrangement does not end in a conviction but is closed on the ground of “closure by arrangement”. The arrangement is published on the State Attorney’s website without identifying details.

What conditions can be set in an arrangement?

According to the procedure, a payment to the Treasury or to another body, compensation to the victim, an undertaking to refrain from offending, and a treatment program. The conditions period generally does not exceed one year, and in some cases 18 months in a treatment program.

Is it advisable to admit the facts?

The arrangement requires an admission of the facts, so the evidence and the defense arguments should be examined before signing.

When should I contact a lawyer?

As early as possible, before notice of a suspicion letter or an indictment is given, so that a position can be presented and suitability for an arrangement can be examined.