Subscribe to Print Edition | Fri., April 27, 2007 Iyyar 9, 5767 | | Israel Time: 20:25 (EST+7)
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Last update - 11:38 26/04/2007
Legal analysis / Maximum penalty: Death, or life behind bars
By Ze'ev Segal

The suspicions against Azmi Bishara relate to the most serious offense in criminal law. The charge of assisting the enemy in its war on Israel carries a maximum penalty of death or life in prison.

In the event of a conviction, one of those sentences is mandatory. The relevant clause in criminal law requires that the act be committed with the intention of aiding the enemy, and that it actually did so. The clause defines "assistance" broadly, "including transmitting information with the intention that it reach or may reach the enemy." It doesn't matter if at the time of the transmission, no war was going on.

The other offense for which Bishara is being investigated is "transmitting information to the enemy." According to the law, the maximum penalty for knowingly transmitting information to or for the enemy is 10 years in jail. If the information helped the enemy, then the sentence increases to 15 years. If transmitting the information was intended to harm state security, the sentence could be for life. In the event that negligence, without criminal intent, led to the transmission of useful information to or for the enemy, the offender may receive up to three years in prison.

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There is also an investigation into contact with a foreign agent. Criminal law states that anyone who knowingly contacts a foreign agent and has no reasonable explanation for it can be punished by up to 15 years in jail. The term "foreign agent" is defined broadly. It includes anyone who may reasonably be suspected of working for or being sent to work by a foreign country or terror organization, in collecting secret information or other deeds that could harm state security. A conviction on this offense requires proving that the suspect intended to harm state security.

Moneylaundering suspicions hinge on a law stating that trying to conceal or camouflage the provenance of property is punishable with a 10-year sentence.

Because of the severity of the security charges against Bishara, it clearly appears he would be arrested were he to return to Israel. It is also likely he would be held without bail for the duration of the legal process.

Because of the severity of the charges, it is hard to believe Bishara would return to Israel in light of the fact he no longer has parliamentary immunity.

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  1.   Bishara, if convicted, should receive the worst, as he was doing 13:09  |  Dan Finklstein 26/04/07
  2.   May The Land Vomit Out All Enemies Of Israel 15:08  |  Yishai Kohen 26/04/07
  3.   STOP EXILING PALESTINIANS 15:54  |  ADEL 26/04/07
  4.   Bishara is a citizen by choice 16:27  |  rehovot 26/04/07
  5.   To Adel 16:31  |  Yeheskel 26/04/07
  6.   people who write in all caps are mentally unstable 16:38  |  don 26/04/07
  7.   No fair trials for any Palestinian 16:43  |  El-birawi 26/04/07
  8.   Innocent Until Proven Guilty 16:52  |  Eli RSB 26/04/07
  9.   #3 Speaker of ETA 16:53  |  Itsik 26/04/07
  10.   #6 Jack Nicholson 16:58  |  Itsik 26/04/07
  11.   actualy #7 17:00  |  Itsik 26/04/07
  12.   el birawi, crimes agaisnt humanity 17:13  |  Gabriel 26/04/07
  13.   Israeli version of democracy 17:13  |  Sami 26/04/07
  14.   TO ADEL OF SPAIN ! 17:14  |  EVEN 26/04/07
  15.   re: rehovot 17:15  |  Sami 26/04/07
  16.   #3 Actually he`s native to Arabia 17:35  |  Mark Chicago 26/04/07
  17.   Dam, i was reading about ratinho... 17:51  |  carlos massa 26/04/07
  18.   Azmi Bishara is an Israeli Arab, not a Palestinian 18:13  |  Jake 26/04/07
  19.   treason 18:27  |  M 26/04/07
  20.   #16 Marc C, everyone return home? 19:42  |  aristocrat 26/04/07
  21.   #3 19:53  |  Gili 26/04/07
  22.   Treasonist or just spyist Bishara ex MP? 20:08  |  H.H.M 26/04/07
  23.   #7: that doesn`t mean witchhunt here 20:23  |  Paul Freedman 26/04/07
  24.   Reply to Gili 20:28  |  Erica 26/04/07
  25.   Why Not Charge Shimon Peres With These Crimes? 22:53  |  Ben Israel 26/04/07
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