Conditional Arrangement with the Cyber Department of the State Attorney's Office

The Cyber Department of the State Attorney’s Office handles computer offenses, invasion of privacy and online fraud. As many as 49 arrangements by the department have been published on the State Attorney’s website. If you were questioned on suspicion of a digital offense, it is worth understanding 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 it handles, and in related offenses handled by the police. In drug cases, the State Attorney’s Office will not enter into an arrangement as long as a treatment program cannot be included.

What Is Closed by an Arrangement in the Cyber Department

An analysis of the published arrangements found that the most frequent offenses are harassment (about 16 arrangements, including sexual harassment and harassment by means of a telecommunications device), invasion of privacy (about 10), unauthorized access to computer material (about 9) and fraud (about 8). A single offense may appear in several arrangements, and an arrangement may include several offenses, so the numbers do not add up to 49. The classification was made by keywords and is therefore approximate.

Common Offenses

1. Sexual harassment (Prevention of Sexual Harassment Law) and harassment by means of a telecommunications device (Section 30 of the Communications Law).
2. Invasion of privacy (Section 2 of the Protection of Privacy Law).
3. Unauthorized access to computer material (Section 4 of the Computers Law).
4. Obtaining something by deceit (Section 415), including payment card fraud.
5. Forgery (Section 418).
6. Conspiracy to commit a misdemeanor (Section 499(a)(2)).
7. Obstruction of justice (Section 244).
8. Providing the means to commit a felony (Section 498(a)).

Possible Conditions in an Arrangement

• 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 committing an offense, usually for a period not exceeding one year.
• Participation in a treatment program or a probation service program, usually for up to one year and in special cases up to 18 months.
• Consent to admit to disciplinary proceedings, where the suspect is a civil servant or a soldier.
• Forfeiture of seized items or a restriction on a particular occupation for a limited period.

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

Examples of Published Arrangements

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

Invasion of Privacy and Obstruction of Justice (Protection of Privacy Law, Section 244 of the Penal Law)

A bank employee passed client details on several occasions to a person who worked at a private investigations firm, in exchange for a small sum, and at his request later deleted messages. The conditions: NIS 20,000 to the State Treasury and an undertaking to refrain from offenses under the Protection of Privacy Law for 12 months.

Providing the Means to Commit a Felony (Section 498(a) of the Penal Law)

A user granted administrator permissions in a content-sharing group in which intimate content was also posted without the knowledge of the women photographed. The conditions: compensation of NIS 20,000 to the victim, paid in installments, and an undertaking to refrain from offenses under the Protection of Privacy Law and the Prevention of Sexual Harassment Law.

Conspiracy, Unauthorized Access to Computer Material and Obtaining Something by Deceit (Sections 499(a)(2), 4 and 415)

The case was closed by an arrangement that included a payment of NIS 29,200 to the State Treasury, an undertaking to refrain from fraud offenses, conspiracy, payment card fraud and offenses under the Computers Law for 12 months, and consent to forfeiture of seized items.

How to Prepare

It is advisable to review the digital evidence, understand which offenses are alleged, examine defense arguments before admitting to anything, and prepare documents on the personal circumstances. Before handing passwords or devices to investigators, it is advisable to consult a lawyer and understand the suspicions. See conditional arrangement, criminal defense lawyer and expungement of a criminal record.

Representation in a Conditional Arrangement in the Cyber Department

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

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

Frequently Asked Questions

What is the Cyber Department of the State Attorney’s Office?

It is a unit of the State Attorney’s Office that handles computer, privacy and online fraud offenses. It is authorized to enter into conditional arrangements in misdemeanor offenses, under Attorney General Guideline 4.3042.

Is a conditional arrangement in the Cyber Department considered a conviction?

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

What conditions are set in the department’s arrangements?

In the published examples, conditions included payments to the State Treasury, compensation to the victim in installments, an undertaking to refrain from offenses in the areas of privacy, computers and fraud for one year, and forfeiture of seized items. The conditions are set in each case separately.

Is it possible to reach an arrangement when there was unauthorized access to a computer?

Some published arrangements included an offense of unauthorized access to computer material. Whether this is possible depends on the seriousness of the act, the circumstances and prosecution policy, and it is not a promise of any outcome.

When should I contact a lawyer?

As early as possible, and before handing computer materials or passwords to investigators, in order to understand the suspicions and examine the digital evidence.

See also: conditional arrangement with the State Attorney’s Office, conditional arrangement with the police, criminal defense lawyer, the Economic Department and investigations of police officers.