Conditional Arrangement with the Haifa District Attorney's Office (Criminal)

A conditional arrangement with the Haifa District Attorney’s Office is a procedure in which the prosecution closes a criminal case without filing an indictment, provided the suspect admits the facts and meets certain conditions. The State Attorney’s website has so far published 95 arrangements of this unit. This page summarizes what they show and what is worth knowing before signing.

About the procedure

A conditional arrangement is an agreement between the prosecution and the suspect: the suspect admits the facts and undertakes to meet conditions, and the prosecution undertakes to close the case. Under Attorney General Guideline 4.3042, the District Attorney’s Office may enter into an arrangement for misdemeanor offenses it handles, and for related offenses handled by the police. In drug cases, the office will not enter into an arrangement as long as a treatment plan cannot be included.

What gets closed in a Haifa District Attorney’s Office arrangement

An analysis of the published arrangements found the following offenses to be the most frequent: obtaining something by fraud (about 22 arrangements), forgery (about 16), causing injury or negligence (about 14), trademark infringement (about 10) and indecent act (about 8). One offense can appear in several arrangements, and an arrangement may include several offenses, so the figures do not add up to 95.

Common offenses

1. Obtaining something by fraud (Section 415): obtaining a benefit, money or a service through a false representation. This also includes attempting to obtain something by fraud.
2. Forgery and use of a forged document (Sections 418 and 420): presenting a forged document, such as a certificate, a diploma or a medical document, in order to obtain a benefit.
3. Causing injury by negligence, and acts of rashness and negligence (Section 338): incidents in which negligent conduct caused physical harm, usually without intent.
4. Possession of goods marked in violation of trademark rights: selling or possessing counterfeit products for the purpose of sale.
5. Indecent act (Section 348 of the Penal Law): an offense examined according to the circumstances and seriousness of the act. This is a sensitive offense, and representation in it requires particular care.
6. Assault (Sections 379 and 380): simple assault or assault causing injury, including assaulting a police officer.
7. Neglecting the safekeeping of a firearm (Section 339(a)): losing a weapon or leaving it unattended. See conditional arrangement for a lost weapon.
8. Sexual harassment (Prevention of Sexual Harassment Law): degrading or humiliating references, proposals or conduct of a sexual nature in the workplace or in other contexts.
9. Threats (Section 192): threatening bodily harm with intent to frighten or provoke. See closing a threats case.
10. Theft (Section 384): theft of limited scope, mainly where the property was returned.

Possible conditions in an arrangement

• A payment to the State Treasury or to another party, 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, usually up to one year and in special cases up to 18 months.
• Disqualification from driving or deposit of a firearm, usually for up to one year.

The conditions are set according to the offense and the circumstances, and nothing on this page is a promise of any particular result.

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

Examples of published arrangements

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

Indecent act (Section 348(c) of the Penal Law)

A store manager was suspected of an act toward a female employee of the store. The conditions: compensation of NIS 8,000 to the victim, NIS 1,500 to the State Treasury, and participation in a treatment program.

Obtaining something by fraud (Section 415 of the Penal Law)

A person who knew the lock code of a friend’s mobile phone was suspected of using it without permission. The conditions: compensation of NIS 9,800 in twelve equal payments and an undertaking to refrain from offenses for 12 months.

Causing injury by negligence (Section 341 of the Penal Law)

The conditions: a fine of NIS 3,000 and an undertaking to refrain from a similar offense for six months.

How to prepare

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

Representation in a conditional arrangement with the Haifa District Attorney’s Office

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

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

Questions and answers

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

An arrangement with the police is made at the conditional arrangement unit of the prosecution division, usually for relatively minor offenses. The District Attorney’s Office makes arrangements for offenses within its authority, usually in more complex or serious cases, in accordance with Attorney General guidelines.

Is a conditional arrangement with the District Attorney’s Office considered a conviction?

As a rule, a case closed by a conditional arrangement does not end in a conviction but in a closure on the ground of “closed 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 party, compensation to the victim, an undertaking to refrain from an offense, a treatment program, or disqualification from driving and even deposit of a firearm. The period of the conditions usually does not exceed one year, and in some cases up to 18 months for 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 is it advisable to contact a lawyer?

As early as possible, before notice of a statement of suspicions or an indictment is given, in order to present a position and examine suitability for an arrangement.

See also: conditional arrangement | State Attorney’s Office | Tel Aviv | Central | North | Haifa | South | Jerusalem | Police Investigations Department.