After his fall at the hands of a new coalition, what are the legal challenges facing Netanyahu?

Plessner says that with Netanyahu’s trial continuing in almost daily sessions in court in Jerusalem, he wants to “constantly appear as a defendant with great political power,” believing that this “provides him leverage in the face of judges and the attorney general,” but his official dismissal on Sunday means that he has not No longer enjoys any immunity.

deal legal

In turn, Aviad Hacohen, professor of constitutional law and head of the Academic College of Law and Science in Central Israel, says that in theory everyone is equal before the law, whether it is a prime minister, an opposition figure, or an ordinary civilian.

“But it is clear that there are repercussions in practice” for the prime minister’s trial, Hacohen told AFP, noting the leverage Netanyahu could have to reach a judicial deal should he choose this path.

He says the prosecution is likely to be more inclined to cut a deal with Netanyahu given that he “has already suffered enough”.

According to the law professor, Netanyahu, as the leader of the opposition, has “less responsibilities and obligations than when he was prime minister.”

“Certainly, the court could order him to attend some or all of the sessions,” he added.

Netanyahu had previously requested the court’s permission not to attend most of the legal proceedings, as happened at the last session on April 5.

presidential pardon

Under Israeli law, the prime minister is not immune from prosecution but he is not obligated to resign if he is charged, and is compelled to do so after conviction and exhaustion of all avenues.

According to the law professor, this same principle applies to any member of Parliament, including opposition leaders.

The 71-year-old former prime minister was charged with 3 counts of bribery, fraud and breach of trust, and these charges – which were officially brought against him in 2019 – relate to Cases 1000 and 2000, and bribery, fraud and breach of trust in Case Number 4000.

The first case – called “Coil 1000” – concerned the receipt of luxury cigars, champagne and jewellery.

Investigators are seeking to find out whether Netanyahu and members of his family received gifts worth more than 700,000 shekels (about $213,000) from wealthy people – including Israeli Hollywood producer Arnon Milchan and Australian billionaire James Packer – in exchange for personal financial favors.

According to the police, the Hollywood producer presented Netanyahu with gifts worth 478,000 shekels, while Packer gave the rest of the amount.

In return, Netanyahu is suspected of seeking to help Milchan obtain tax benefits that reportedly could have amounted to millions of dollars, as well as helping him obtain a visa to enter the United States.

Netanyahu asserts that he did nothing but accept gifts – he did not ask for them – from friends of his.

The former prime minister attacked his opponents, accusing them of wanting to overthrow him.

The trial sessions began in May 2020, and were postponed several times due to restrictions to combat the Corona virus.

As for the last chance – which seems unlikely – it is represented by Netanyahu’s attempt to obtain a presidential pardon during his trial, but this scenario seems unlikely after the election of Parliament on June 2, Isaac Herzog, as President of Israel to succeed Reuven Rivlin.

Herzog, heir to Israel’s political elite, comes from one of the most prominent families in Israel, and was recently the head of the Jewish Agency.

Herzog received 87 votes in parliament, while his rival Miriam Peretz received 26 votes.

Netanyahu’s last appearance in court was on April 5.

prison sentence

Benjamin Netanyahu took office for the first time between 1996-1999, and on Sunday his second term ended after 12 years since 2009.

Netanyahu has always tried to stop his prosecution, and has sought to create laws that limit the power of the courts and amend them for his own benefit, even working to change Israel’s basic laws, which are considered a fait accompli.

After his removal, Netanyahu faces a maximum prison sentence of 10 years for corruption, in addition to 3 years for fraud and breach of trust.

But his trial could last years during which he can reach a deal with the prosecution in which he pleads guilty in exchange for dropping charges or a reduced sentence.

In the event of conviction, the former prime minister can appeal to the Israeli Supreme Court.