The stories of Jewish law have been brought to teach us how difficult the investigation is. If we want to fight against crime, and this is an important desire in the life of any society, we must recognize the difficulties of the investigation and find the appropriate balance between what is forbidden and what is permitted within the definition, and between what is effective and what is inhibitory. For this reason, and in contrast to the legal stage, in which the leading principle is reasonable doubt, at the interrogation stage the guiding principle is the fear of thwarting and disrupting. In this way, the goal of investigating the crime and eradicating evil will be advanced.
- Finally, as stated, I agree with the main points of my colleague the President's opinion and the operative conclusion that it reached, apart from the reservations presented above, and especially with regard to the holding of a hearing in the presence of both parties in the application for a search warrant.
E M S N H L N S I A H
Therefore:
- In another criminal hearing 4072/21, it was decided, as stated in the judgment of President A. Hayut, that the hearing of requests for search warrants for computer material at the investigation stage would be held ex parte, taking into account the criteria set out in paragraphs 66-77 of the President's opinion. This is in contrast to the dissenting opinion of Justice Y. Elron, according to which in the absence of a reasonable basis for concern that this will lead to the thwarting of the search or disruption of the investigation, the request for a search warrant should be considered in the presence of the parties concerned.
It was also decided, in a majority opinion, against the dissenting opinion of Vice-President N. Hendel and Justice G. Kara, that in very exceptional cases, the court has the authority to hold such a hearing in the presence of the parties, as detailed in paragraphs 78-79 of the President's opinion. Justice D. Barak-Erez was of the opinion of a single opinion that it is sufficient to determine that a hearing on the status of the parties will constitute an exception to the rule, and that there is no need to qualify this "to the most exceptional cases".