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Whistleblowing and self-reporting
Are whistleblowers protected in your jurisdiction?
The Israeli Ministry of Justice, which oversees the enforcement of bribery and corruption prohibitions, demonstrably aims to protect whistleblowers that expose bribery or corruption allegations.
The Protection of Employees (Exposure of Offences of Unethical Conduct and Improper Administration) Law 1997 prohibits a public or private employer from taking any adverse steps against an employee who lodges a complaint against a fellow employee or the employer.
Further and specific to public bodies, Section 43.52 of the Government Service Regulations prohibits the employer of an employee who has exposed acts of corruption from taking any steps adversely affecting his or her employment conditions. If the employer takes such adverse steps, the employee can lodge a formal complaint to the Israeli State Comptroller. Under Section 45c of the State Comptroller Law 1958, the State Comptroller may issue orders for the protection of such employees, including the annulment of their dismissal or the grant of damages in the form of money or rights.
Is it common for leniency to be shown to organisations that self-report and/or cooperate with authorities? If so, what process must be followed?
There is no specific mechanism by which companies self report and are thus shown leniency. Nevertheless, the prosecution may consider such self-reporting or cooperation as part of its broad prosecutorial discretion on a case-by-case basis (eg, in reference to a plea bargain or request for reduced sentencing).
Experience shows that, depending on the circumstances and gravity of the case, self reporting will most probably have significant weight in the prosecution’s indictment and sentencing decisions.
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