For the past two years, soldiers in compulsory service who have been caught with cannabis for self-use and in small quantities leave without a criminal record, following a special IDF directive.
Now, for the first time, the military will have to apply the same policy to permanent personnel, not by will but by the military tribunal's guidance.
"Here" News Reporter Moshe Steinmetz reports that following a ruling by the Military Tribunal (Southern), which won a few weeks ago a permanent man accused of three uses of cannabis, the procedure will also apply to permanent staff.
The Permanent Attorney's Office argued in a hearing for the defense of justice and discrimination between permanent and regular soldiers. He said he was indicted, in a situation where a required soldier would not have been indicted, discrimination.
The tribunal accepted the permanent man's arguments, ruled that it was discrimination and required the IDF to apply the same decriminalization policy to the permanent personnel.
"The result of prosecuting a criminal record involving a criminal record, where compulsory soldiers under similar circumstances will not be prosecuted at all, is a discriminatory result," the judge ruled.
According to The procedure, Who has so far explicitly exceeded the Permanent Persons, will not be indicted against a soldier who is caught with less than 1 made cannabis for self-use - this is under certain restrictions, for example without prior drug offenses and as long as not rolled as a joint.
More Was determined So because "a soldier who turns out to have smoked cannabis outside the military ranks, on a few occasions, will be indicted, but if he has to hand urine samples, and ends a certain probationary period (or his military service) without further offenses - he will not be prosecuted."
In response to the decision, the military prosecution filed an appeal to try to bring the situation back to normal.
An IDF spokesman supports the appeal, stating that "the prosecution's position is that there is a substantial difference between permanent and mandatory soldiers and this should be reflected in the severity of the conviction."
On the other hand, the military defense welcomed the decision. Major General Omar Knobler, who represented the officer on behalf of the military defense, said: "It is incomprehensible to insist on criminal registration for crimes that did not occur in a military context, especially those who volunteered to serve the state, sometimes even at risk of their lives."
Major Knobler also added: "We welcome the decision of the Military Court, which prevented discrimination of this high-quality group against the duty soldiers. We hope that the Military Court of Appeal will approve the verdict and will not accept the argument as if the Israeli public should be warned of the permanent officials who failed in the offense that the penalty imposed on civilians for the garden is only a fine. ”