Conditional Arrangement with the Police Investigations Department (Mahash)

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 arrangements of the department have been published on the State Attorney’s Office website. If you are a police officer, or a family member of an officer under investigation, it is worth understanding early what to expect.

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 Mahash

An analysis of the published arrangements found the most frequently recurring offenses to be: assault (about 33 arrangements), weapons (about 27), theft (about 25), threats (about 20), fraud (about 18) and causing injury or negligence (about 16). One 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 to safeguard 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 intent to frighten or provoke. See closing a threats file.
5. 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.
6. Negligent injury and acts of rashness and negligence (Section 338): incidents in which negligent conduct caused physical harm, usually without intent.
7. 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.
8. Bribery and breach of trust (Sections 290 and 284): offenses of public servants and office holders, usually concerning a benefit or the abuse of one’s position.

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

A police officer was suspected of sexual harassment. 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 file 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: an admission and the absence of a criminal record in the past five years.

Simple assault (Section 379 of the Penal Law)

A police officer was suspected of an assault committed during a dispute between families. Conditions: an undertaking to refrain from violent offenses for 12 months and an admission in the disciplinary proceeding in the police.

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 Mahash

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 (Mahash).