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

A conditional arrangement with the Tel Aviv District Attorney’s Office is a procedure in which the Office closes a criminal case without an indictment, provided the suspect admits the facts and meets the conditions. To date, 365 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 case. Under Attorney General Guideline 4.3042, the State Attorney’s Office may enter into an arrangement in misdemeanor offenses handled by it, and in 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 by arrangement in the Tel Aviv District Attorney’s Office

An analysis of the published arrangements found the following offenses to be the most frequent: indecent act (about 89 arrangements), obtaining something by deceit (about 88), forgery (about 67), assault (about 52), sexual harassment (about 39), weapons (about 36) and injury or negligence (about 32). One offense may appear in several arrangements, and an arrangement may include several offenses, so the numbers do not add up to 365.

Common offenses

1. Indecent act (Section 348 of the Penal Law): an offense assessed according to the circumstances and seriousness of the act. It is a sensitive offense, and representation in it requires particular care.
2. Obtaining something by deceit (Section 415): obtaining a benefit, money or a service through a false representation. This also includes an attempt to obtain something by deceit.
3. Forgery and use of a forged document (Sections 418 and 420): presenting a forged document, such as a permit, certificate or medical document, in order to obtain a benefit.
4. Assault (Sections 379 and 380): simple assault or assault causing injury, including assault on a police officer.
5. Sexual harassment (Prevention of Sexual Harassment Law): demeaning or humiliating remarks, or proposals or conduct of a sexual nature, in the workplace or in other contexts.
6. Neglecting to safeguard a firearm (Section 339(a)): losing a weapon or leaving it unattended. See conditional arrangement for a lost weapon.
7. Causing injury by negligence and reckless or negligent acts (Section 338): incidents in which negligent conduct caused bodily harm, usually without intent.
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 one’s position.

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 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 deposit of a firearm, usually for up to one year.

The conditions are set according to the offense and the circumstances, and this page does not promise 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 they 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 abridged 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)(5) together with Section 5(a) of the Prevention of Sexual Harassment Law)

A business owner, in a conversation with a customer who was trying on clothes in his shop, made remarks that offended her dignity and her sexuality. The conditions of the arrangement: compensation of NIS 5,000 to the complainant, a payment of NIS 1,000 to the State Treasury, a letter of apology, and an undertaking to refrain from a sexual offense for 12 months. Among the State Attorney’s Office’s reasons: the suspect’s admission, the absence of a criminal record, and the complainant’s position.

Forgery of a document, use of a forged document and attempt to obtain something by deceit (Sections 418, 420 and 415 together with 25 of the Penal Law)

A person who received a traffic ticket submitted a forged official document and a false affidavit to the authority in order to have it canceled, and the request was denied. The conditions: 100 hours of community service according to a Probation Service plan, a payment of NIS 4,000 to the State Treasury in ten installments, and an undertaking to refrain from forgery and fraud offenses for one year. The State Attorney’s Office noted, among other things, the suspect’s admission, the remorse expressed, and the absence of any other criminal record.

Simple assault of a minor (Section 379 of the Penal Law)

A school employee who was accompanying a student assaulted him in his presence. The conditions: compensation of NIS 8,000 through a guardian, NIS 1,000 to the State Treasury, participation in an anger management workshop at the Probation Service, an undertaking to refrain from a violent offense for one year, and a letter of apology. The State Attorney’s Office’s reasons included admission, remorse, the passage of time, and the absence of a criminal record.

How to prepare

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

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

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

Received a notice of a conditional arrangement from the State 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 State Attorney’s Office and one with the police?

A police arrangement is made in the conditional arrangement unit of the Police Prosecution Division, usually for relatively minor offenses. The State Attorney’s Office makes arrangements in 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 by a conditional arrangement does not end in a conviction but in a closure 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: 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 deposit of a firearm. The period of the conditions usually does not exceed one year, and in some cases up to 18 months in 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 is given of a statement of suspicions or an indictment, 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 Internal Investigations Department.