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

A conditional arrangement with the Jerusalem District Attorney’s Office is a procedure in which the prosecution closes a criminal file without an indictment if the suspect admits the facts and meets certain conditions. So far, 162 arrangements of this unit have been published on the State Attorney’s Office website. This page summarizes what emerges from them 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 file. Under Attorney General Guideline 4.3042, the State Attorney’s Office may enter into an arrangement in misdemeanor offenses that are in its handling, and in related offenses handled by the police. In drug matters, the State Attorney’s Office will not enter into an arrangement as long as a treatment program cannot be included.

What is closed by arrangement at the Jerusalem District Attorney’s Office

An analysis of the published arrangements found the most frequently recurring offenses to be: obtaining something by deceit (about 25 arrangements), causing injury or negligence (about 20), forgery (about 20), weapons (about 17), assault (about 15) and indecent acts (about 15). One offense may appear in several arrangements, and an arrangement may include several offenses, so the figures do not add up to 162.

Common offenses

1. Obtaining something by deceit (Section 415): receiving a benefit, money or a service through a false representation. This also includes an attempt to obtain something by deceit.
2. Negligent injury and acts of rashness and negligence (Section 338): incidents in which negligent conduct caused physical harm, usually without intent.
3. 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.
4. Neglecting to safeguard a firearm (Section 339(a)): losing a weapon or leaving it unattended. See conditional arrangement for a lost weapon.
5. Assault (Sections 379 and 380): simple assault or assault causing injury, and also assault on a police officer.
6. Indecent act (Section 348 of the Penal Law): an offense examined according to the circumstances and severity of the act. This is a sensitive offense, and representation in it requires special care.
7. Possessing goods marked in violation of trademark rights: selling or possessing counterfeit products with the intent to sell.
8. Sexual harassment (Prevention of Sexual Harassment Law): demeaning or humiliating remarks, 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 file.
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 body, for a period that usually does not exceed one year.
• Compensation to the victim of the offense.
• An undertaking to refrain from offending, usually for a period of up to one year.
• Participation in a treatment program, usually up to one year and in special cases up to 18 months.
• A driver’s license suspension or the 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 promises a particular outcome.

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 Office website, in different areas. The descriptions are shortened and identifying details have been removed, and the conditions vary from case to case, so they do not indicate the outcome in any other case.

Sexual harassment (Section 5(a) of the Prevention of Sexual Harassment Law)

Conditions: compensation of NIS 3,000 to the complainant, an undertaking to refrain from offending for six months and a letter of apology. The State Attorney’s Office noted an admission and remorse.

Assault causing actual bodily harm (Section 380 of the Penal Law)

Conditions: compensation of NIS 2,500 to the complainant, a letter of apology written within a month of signing and an undertaking to refrain from offending for 12 months.

Attempt to obtain something by deceit and giving false information (Sections 415 and 243 of the Penal Law)

A driver of a rental company vehicle was suspected of giving false information and attempting to obtain something by deceit. Conditions: a fine of NIS 2,500 to the State Treasury and an undertaking to refrain from the offense for six months.

How to prepare

It is worth reviewing the investigation material, understanding which offenses are alleged, examining defense arguments before admitting, and preparing documents on personal circumstances. See conditional arrangement, criminal defense lawyer and expungement of a criminal record.

Representation in a conditional arrangement at the Jerusalem District Attorney’s Office

Representation includes reviewing the investigation material, contacting the prosecutor handling the file, presenting the circumstances and checking 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.

Frequently asked questions

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

A police arrangement is prepared by the Conditional Arrangement Unit in the Prosecution Division, usually for relatively minor offenses. The State Attorney’s Office prepares arrangements for offenses within its authority, usually in more complex or serious matters, in line with the Attorney General’s guidelines.

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

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

What conditions can be set in an arrangement?

Under the procedure: a payment to the State Treasury or to another body, compensation to the victim, an undertaking to refrain from offending, a treatment program, or a driver’s license suspension or even the 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 worth admitting 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 worth contacting a lawyer?

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

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