ISRAEL Law and Practice Contributed by: Talya Solomon, Iris Achmon, Ekaterina Yaremchuk and Niva Orion, Herzog Fox & Neeman
• If the covert investigation raises suspicions of violating the ECL, the covert investigation may be followed by dawn raids on both the company office and the homes of the prin - cipal individuals. Individuals are detained for investigation in the ICA’s offices, which serve, for this matter, as a police station. • The ICA may continue the investigation by additional raids and detainments, summoning suspects and witnesses for questioning, and sending out compulsory requests for informa - tion. • Once the ICA’s investigations department concludes its investigation, the legal depart - ment reviews the case and may ask for sup - plemental investigations. After the ICA concludes its investigation, it will conduct a hearing for individuals and corpo - rations before submitting an indictment to the courts. 2.2 Dawn Raids/Search Warrants Dawn Raids Are a Significant Part of the ICA′s Collection of Evidence The dawn raids are subject to all the rules per - taining to the police investigation, except that the ICA representatives may raid business prem - ises without a court warrant. However, seizing companies′ computers and other electronic media requires a court order, and therefore, the ICA often obtains one. Business computers must be returned within 48 hours. This period may be extended by court order. Questioning During and After Dawn Raids Normally, during a dawn raid, relevant officers and suspects are taken to the ICA′s offices for investigation. Additional summons for suspects and witnesses may follow. The relevant individu - als must respond to the ICA’s questions. Excep - tions are the right to remain silent, available to
suspects with regard to all questions, and the immunity from self-incrimination, available to all interviewees. The ICA also has the power to issue compul - sory requests for information (RFI), to which individuals or corporations must respond. Fail - ing to respond to a compulsory RFI or providing incorrect or misleading responses is a criminal offence. 2.3 Spoliation of Evidence According to Israel′s Penal Law, if a person does anything with the intention to prevent, foil or cause a miscarriage of justice, then they are liable to up to three years’ imprisonment. When the police or the ICA interrogate a per - son, they are normally warned not to speak of the interrogation with any other person except a lawyer who represents them. It is also essential to refrain from any act that may influence the ICA′s collection of evidence. For example, it is important to refrain from any attempt to foil the discovery of emails or What - sApp messages. In addition to its being a crimi - nal offence, the ICA has a highly advanced ability to locate and recover any information sent using electronic devices. The obligation to prevent or avoid spoliation of relevant evidence or information applies from the moment there is awareness or suspicion of the beginning of an investigation. 2.4 Role of Counsel Right to Counsel in Israeli Law Suspects have the right to legal counsel before and during an interrogation process by the police or the ICA. However, the lawyer cannot be pre - sent while the interrogation is taking place.
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