Conditional Arrangement with the Northern District Attorney's Office

A conditional arrangement with the Northern District Attorney’s Office is a procedure in which the prosecution closes a criminal case without an indictment if the suspect admits the facts and meets certain conditions. To date, 233 arrangements issued by the unit have been published on the State Attorney’s website. This page summarizes what they show and what to know 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 the 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 for misdemeanors it handles, and for 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 through an arrangement in the Northern District

An analysis of the published arrangements found these offenses to be the most frequent: obtaining something by fraud (about 44 arrangements), indecent act (about 40), forgery (about 32), trademark infringement (about 24), sexual harassment (about 24), and causing injury through negligence (about 20). A single arrangement may cover several offenses, so the figures do not add up to 233.

Common offenses

1. Obtaining something by fraud (Section 415): obtaining a benefit, money, or a service through a false representation. This includes attempts.
2. Indecent act (Section 348 of the Penal Law): an offense assessed according to the circumstances and severity of the act. It is a sensitive offense, and representation in it calls for particular care.
3. Forgery and use of a forged document (Sections 418 and 420): presenting a forged document, such as a certificate or a medical document, in order to obtain a benefit.
4. Possession of goods marked in breach of trademark rules: selling or holding counterfeit products for sale.
5. 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.
6. Causing injury through negligence and reckless or negligent acts (Section 338): incidents in which negligent conduct caused physical harm, usually without intent.
7. Negligent handling of a firearm (Section 339(a)): losing a weapon or leaving it unattended. See conditional arrangement for a lost weapon.
8. Threats (Section 192): a threat to harm a person’s body with intent to frighten or provoke. See closing a threats case.
9. Theft (Section 384): theft of limited scope, mainly where the property was returned.
10. Bribery and breach of trust (Sections 290 and 284): offenses by public employees and office holders, usually concerning a benefit or abuse of position.

Possible conditions of 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 surrender of a firearm, usually 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 outcome.

Note: the statistics on this page are based on a classification of the published arrangements and on AG 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 abridged and identifying details are removed. The conditions vary from case to case, so they say nothing about the outcome of another case.

Sexual harassment (Section 5(a) together with Section 3(3) and (4) of the Prevention of Sexual Harassment Law)

The conditions of the arrangement: compensation of NIS 5,000 to the victim, an undertaking to refrain from offending for 12 months, a letter of apology, and participation in dedicated treatment through the Probation Service.

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

A teacher at a high-school yeshiva was suspected of harming a minor student. The conditions: compensation of NIS 5,000 through a guardian, participation in a psycho-educational workshop through the Probation Service, and an admission in the disciplinary proceeding.

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

The case was closed under an arrangement that included a fine of NIS 2,000 payable in up to 12 monthly installments. Among the reasons: an admission and no prior criminal record in the five years preceding the offense.

How to prepare

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

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

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

Did you receive 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?

An arrangement with the police is made at the Conditional Arrangement Unit of the Prosecution Division, usually for relatively minor offenses. The State Attorney’s Office makes arrangements for offenses within its authority, usually in more complex or serious cases, according to the Attorney General’s guidelines.

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

As a rule, a case closed through a conditional arrangement does not end in a conviction but is closed 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?

Under the procedure: a payment to the Treasury or to another body, compensation to the victim, an undertaking to refrain from offending, a treatment program, suspension of a driver’s license, and even surrender of a firearm. The conditions period usually does not exceed one year, and in some cases a treatment program may last 18 months.

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 statement of suspicion or an indictment is delivered, so that your position can be presented and suitability for an arrangement examined.

See also: conditional arrangement | State Attorney’s Office | Tel Aviv | Central | North | Haifa | South | Jerusalem | Military Police Criminal Investigation Division.