The legal status of the Sulha in the criminal law of the State of Israel.

Abstract

The research investigated the legal status of the Sulha in the criminal law of the State of Israel. This research is a qualitative-interpretative-exploratory single case study. Its main goal was to create scientific and professional knowledge with practical ramifications for the judicial world, as well as to develop a new theory and model of the Israeli criminal process that would allow for the incorporation of Sulha within the Israeli criminal process. The qualitative data collection methods and sources used were structured interviews, a Delphi survey, documents, the researcher's professional experience and a personal diary. The 16 interviewees were professional, credible, trustworthy and expert people in their field. Seven (7) experts in the field made up the Delphi panel. The research met all of its goals and objectives of the study questions: What is the legal status of Sulha in Israeli criminal law? How can the Sulha be incorporated in Israeli criminal law, and what contribution would Sulha make in this respect? What action is required for Sulha to be incorporated in Israeli criminal law? The findings showed that criminal statutory laws, Israeli courts, and parole committees do not recognize the Sulha as an alternative conflict settlement venue in criminal cases. The findings showed that Israeli courts and parole committees have two principal approaches to the question of the legal status of the institution of Sulha in Israeli criminal law. One approach refuses to grant the institution of Sulha any binding legal status in Israeli criminal law, while according to the other approach Sulha can serve as a consideration in a person’s favor, but not as a decisive consideration, and certainly not one that binds the courts or parole committees. The findings showed that it would be possible to enhance the Israeli criminal law by incorporating the Sulha within the criminal law. Incorporation of the Sulha in the Israeli criminal law would enhance and improve the Israeli criminal law by achieving speedy justice, by reducing the caseload of the courts, by increasing public confidence in the criminal process and the judicial activity, by reducing the frequency of erroneous judgments, by achieving restorative justice, by promoting reconciliation and by facilitating the achievement of peace between the parties affected by the criminal act. Further, the Sulha could contribute greatly to reconciliation and to the installment of peace in Israeli society and achieves restorative justice. A bill (law draft) has been prepared for the incorporation of the Sulha in the criminal law in Israel. The researcher is convinced that the Knesset (lsraeli Parlament) will approve it as soon as possible.