Even if convicted, Omri won't have to resign from Knesset

MK Omri Sharon will not have to resign from the Knesset in the wake of his conviction even if the Tel Aviv Magistrate's Court rules that the offenses to which he pleaded guilty constitute crimes of moral turpitude.

Sharon will have the right to appeal such a ruling in the Tel Aviv District Court, and then if necessary and if he so chooses, he may request the right to appeal to the Supreme Court. Such a process would take at least a year.

According to the Basic Law on The Knesset, an MK may not continue to serve in his position if his final conviction pertains to crimes of moral turpitude. To this end, the court hearing his case - at its own initiative, or in keeping with a request from the attorney general - can determine whether the offenses in question constitute crimes of moral turpitude. Sharon was convicted on Tuesday of falsifying corporate documents and perjury, among other offenses, which in the overwhelming majority of cases constitute crimes of moral turpitude.

"Due to the fact that determining whether an offense constitutes a crime of moral turpitude is an integral part of the ruling, the verdict handed down against the defendant cannot be seen as a final ruling," says criminal law expert Prof. Emanuel Gross. "A defendant can appeal just the issue of the turpitude, since this ruling is an essential part of the verdict. In other words, the issue of the turpitude must become final, and pending a final ruling on the matter of the turpitude, the lawmaker's term in office cannot be terminated."

The State Prosecution plans to ask the court to rule that the offenses for which Sharon was convicted do indeed constitute crimes of moral turpitude. For his part, Sharon's attorney, Dan Sheinman, is set to try to convince the court otherwise.

"It is difficult to make predictions," says Sheinman. "But the question will remain theoretical because the elections, in any event, will take place within a few months, and Omri won't be running for the next Knesset anyway."

Meanwhile, the Tel Aviv Magistrate's Court found Sharon's partner in Annex Research, Gabriel Manor, guilty yesterday of a number of offenses under the Campaign Finance Law.

	MK Omri Sharon. (Reuters)
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