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イスラエル首相、不起訴か 不正資金疑惑で検事総長方針 (朝日)【&haaretzの記事】
http://www.asyura2.com/0403/war55/msg/791.html
の続報、6/15までに結論を出すということだった。
Attorney General Menachem Mazuz and the legal team assisting him in whether to bring Prime Minister Ariel Sharon to trial in the Greek island affair considered charging him with "fraud and breach of trust" rather than with receiving a bribe. The team held its final meeting yesterday, in preparation for the announcement of Mazuz's decision on Wednesday or Thursday. A final decision on the timing of the announcement is to be made today. It looks like Mazuz will announce he is closing the case.
The draft indictment against Sharon, given to Mazuz by former state prosecutor Edna Arbel, recommended bringing Sharon up on both charges of bribe-taking and fraud and breach of trust. According to legal sources familiar with Arbel's team, the purpose of including both charges was to prevent the court from "falling between the cracks" if and when the case comes to trial - that is, avoiding a situation where the court cannot convict on bribe-taking and doesn't have the option of convicting for breach of trust.
The breach of trust clause in the penal code has been subject to harsh criticism from jurists in recent years because of its vagueness, which made it difficult to convict on its basis. Pending at the Supreme Court is a procedure of continuance in the case of former director of the Prime Minister's Office, Shimon Sheves. The continuance is aimed at clarifying the boundaries of the offense and the level of evidence, both for deeds and criminal intentions, necessary to convict for the offense.
Apparently, Mazuz decided not to go ahead with an indictment against Sharon - neither for bribe-taking nor for fraud and breach of trust. The reason for the decision in each of the clauses is lack of sufficient evidence, especially evidence of criminal intention, i.e. the possibility of proving the extent to which Sharon was aware of the connection between the favors he received from businessman David Appel and the assistance he granted him.
Mazuz reached his decision on the indictment before yesterday's meeting with his legal team, but the meeting served to tie up the remaining loose ends, and afterward the attorney general began drafting the reasons for the decision, which will be published on Wednesday or Thursday.
Along with the decision on Sharon, the attorney general will also announce his decision on bringing his son Gilad to trial. The two decisions are inextricably related: if Mazuz closes the case of Sharon Sr., he will be obliged to close the case of Sharon Jr. too, to avoid the contradiction of a bribery-mediation charge without charging anyone with receiving the bribe.
If the two are not indicted, Appel will also demand that the charges brought against him for bribing Sharon be stricken.