Cohen v. State of Israel
Israel Supreme Court
CrimC 766/07 (2007)
- Written by Whitney Waldenberg, JD
Facts
[Editor’s Note: The casebook excerpt does not include a discussion of the underlying facts.] This is a consolidated appeal from two criminal cases that share a common issue: whether, at the relevant time, Cohen (plaintiff) was a public servant as the term was defined in § 290 of the Israeli Penal Code. The trial court interpreted the term public servant broadly to include Cohen. Cohen appealed, arguing that the trial court’s interpretation of the statute violated the principle of legality, which required a narrow interpretation of a criminal statute. The State of Israel (defendant) argued that the trial court’s interpretation of the statute was appropriate, in that it promoted the underlying purpose of the law.
Rule of Law
Issue
Holding and Reasoning (Grunis, J.)
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