Government advances bill to strip attorney general of criminal prosecution powers
Legislation would dilute AG’s powers, and create a ‘prosecutor general’ in charge of all criminal prosecutions, including for politicians, to be appointed by the justice minister
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
In its latest legislation to overhaul Israel’s legal system, the government gave its backing on Sunday to a bill that would dilute the powers of the attorney general and create a new criminal prosecution service, putting the government in charge of who heads it.
The bill would essentially split off the role of chief prosecutor from the attorney general’s portfolio, and put it in the hands of a “prosecutor general” who would be nominated by the justice minister and approved by the Knesset Constitution, Law and Justice Committee, which is controlled by the coalition.
Opposition parties denounced the legislation as an effort by the government to influence Prime Minister Benjamin Netanyahu’s trial and weaken the institution of criminal prosecution in general.
And the Attorney General’s Office said the bill must not be advanced due to “a heavy suspicion that it is designed to advance weighty personal interests connected to ongoing criminal proceedings and investigations,” in reference to the prime minister’s trial and his other legal difficulties.
The coalition argued, however, that the bill was crucial in ensuring that the head of Israel’s criminal prosecution is independent of the government, by splitting the prosecutorial role away from the attorney general who, as the government’s chief legal adviser, is supposed to also help it achieve its policy goals.
The legislation was proposed by MK Hanoch Milwidsky of the Likud party and was approved by the Ministerial Committee for Legislation, meaning that the coalition will now back the bill when it is brought for a preliminary hearing in the Knesset plenum.
The proposed prosecutor general and his representatives would have exclusive control over criminal prosecutions, taking over that role from the State Attorney’s Office, which currently oversees the criminal prosecution service, and the attorney general, who is the ultimate head of the prosecution in Israel.
Under the current system, both the attorney general and the state attorney are appointed by search committees staffed by professional jurists and legal officials, whereas the new legislation would put a government minister in charge of appointing the head of the criminal prosecution service.
The new prosecutor general would inherit all the powers currently in the hands of the attorney general regarding criminal prosecution, including initiating criminal proceedings, as well as filing, amending or retracting indictments, and delaying proceedings.
Opposition politicians expressed concern over the transfer of such powers to a politically appointed prosecutor general, alleging that it would help Netanyahu, who is on trial on corruption charges, “escape justice.”
The prosecutor general would also be in charge of deciding whether criminal investigations could be opened against elected officials, such as cabinet ministers and MKs.
The bill would, in addition, enable the new prosecutor general to provide legal counsel to the government on legislation related to the field of criminal law.
The law would not, however, affect the attorney general’s authority as the government’s legal adviser who interprets the law for the government, or the attorney general’s role in representing the government in legal proceedings against its actions and legislation.
It would come into effect six months after being passed into law.
“The main purpose of this law is to ensure the complete independence of the criminal prosecution as a quasi-judicial institution, free from extraneous institutional considerations,” wrote Milwidsky in the explanatory notes of the legislation.
“In doing so, this law seeks to ensure maximum public confidence in the institution of the criminal prosecution.”
Yariv Levin, who chairs the ministerial committee, said the legislation was being advanced to “clearly define the authorities of the attorney general and the prosecutor general, [and] the way they are appointed.”
He added that it was also intended to prevent “selective enforcement” of the head prosecutor, a none-too-subtle attack on serving attorney general Gali Baharav-Miara, whom he has frequently accused of targeting figures on the Israeli right for prosecution.
But the opposition denounced the law as a political takeover of the criminal prosecution service.
“A government whose leader is up to his neck in extremely serious criminal and security investigations has no legitimacy to enact laws related to regime change,” Democrats chairman Yair Golan posted on X in reference to Netanyahu, calling the bill “an attempt by someone under investigation to escape justice and weaken the prosecutor.”
National Unity chairman Benny Gantz accused the government of “dividing the nation” by advancing such far-reaching and controversial legislation at a time of war, stating that it is “unbelievable” that “at a time when they are trying to draft thousands of reserve soldiers into battle, they are continuing to divide the nation.”
The Movement for Quality Government in Israel, a liberal government watchdog group, described the bill as “personal legislation” with one goal — to replace the present attorney general and create a city of refuge for corrupt elected officials.”
The organization added that the bill would “dismantle the legal fabric which guarantees the enforcement of law in Israel and blocks government corruption.”
Guy Lurie, a research fellow at the Israel Democracy Institute, said the law had to be seen in the context of the government’s agenda to overhaul the judiciary and the legal establishment, and which, he said “impinge on the independence of the judiciary and make it more challenging to preserve the rule of law in Israel.”
He noted that it also comes as the government’s efforts to fire the current attorney general continue to play out.
“We should view the bill as part of a judicial overhaul to detract from Israel’s already weakened system of checks and balances to give the government more power,” said Lurie.
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