Adv. Sharon Kohane, Partner and Head of our White-Collar Crime Department, participated in the Dun’s 100 Forum, which brought together leading practitioners in white-collar crime and criminal law.
Addressing the legal boundaries of the offence of breach of trust by public officials, Adv. Kahana stated:
“The offence of breach of trust is an important tool in combating public corruption, but caution must be exercised against expanding its scope in a way that could undermine its significance. Not every instance of improper conduct by a public official necessarily constitutes a criminal offence. It is essential to examine the public interest underlying the alleged conduct and determine whether the additional, stringent threshold established by case law for constituting the offence has been met.
Precisely because of the seriousness of the offence and its consequences, clearer boundaries are needed between the public and ethical spheres, on the one hand, and the criminal sphere, on the other.”