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Prof. Daniel Friedmann: Pardon for Public Officials - From Bus 300 to Netanyahu
Description
Lecture by former Justice Minister Prof. Daniel Friedmann on pardons for public officials including the Bus 300 affair.
Original title
פרופ' דניאל פרידמן: חנינות לנבחרי ציבור - מפרשת קו 300 ועד נתניהו
השיח המשפטי והציבורי בישראל סביב מוסד החנינה עומד במרכזה של הרצאה מרתקת מאת שר המשפטים לשעבר, Prof. Daniel Friedmann. הניתוח המעמיק בוחן את הגבולות הדקים שבין מערכת המשפט לדרג הפוליטי, תוך התמקדות בשאלה האם וכיצד ניתן להעניק חנינה לנבחרי ציבור עוד בטרם מיצו את ההליכים המשפטיים נגדם. שורשי הסוגיה נטועים באירועים היסטוריים מכוננים שעיצבו את פני המדינה, ובראשם פרשת Bus 300 המטלטלת משנות השמונים. באותה עת, החלטת הנשיא להעניק חנינה גורפת לראשי ה-Shin Bet עוד לפני הגשת כתבי אישום, יצרה תקדים משפטי שנוי במחלוקת שעורר סערה ציבורית ומשפטית רחבת היקף בבג"ץ. במהלך הדברים מוצגים ההבדלים המהותיים בין סמכויות החנינה בישראל לבין מודלים מקבילים בעולם, כמו סמכויות ה-Pardon של נשיא ארה"ב. הסקירה הטכנית-משפטית מבהירה את המורכבות של חנינה מניעתית אל מול חנינה לאחר הרשעה, ובוחנת את הרלוונטיות של כלים אלו למציאות הפוליטית העכשווית ולתיקים משפטיים של דמויות מפתח בהנהגה. הדיון מעלה שאלות נוקבות על מהות הדמוקרטיה ועל האיזון הנדרש בין האינטרס הציבורי לשמירה על טוהר המידות. האם מוסד החנינה נועד לשמש כ"שסתום ביטחון" במצבים של משבר לאומי, או שמא השימוש בו עבור נבחרי ציבור מהווה פגיעה בלתי הפיכה בעיקרון השוויון בפני החוק? סוגיות אלו נותרות פתוחות וממשיכות להדהד בלב הוויכוח הישראלי.
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