According to the indictment and the verdict, following the severe terror attack of October 7, 2023, and during the “Swords of Iron” war, Shabat, an Israeli citizen and resident, acted out of ideological motivation, attempting to advance the execution of a terror attack and even to join the activities of terror organizations. As part of the events, which occurred during the month of Ramadan, among other times, Shabat was present at the Temple Mount, where he tried on several occasions to incite another person to carry out a stabbing attack against security forces present at the scene.
Subsequently, he conspired with elements identified with terror organizations in the Nablus and Tulkarm area, traveled to the judea and samaria territories, met with terror activists, and expressed his desire to join their ranks and take part in terror activities against the State of Israel. Shabat’s attempts ultimately did not succeed, partly due to the refusal of those elements, and not due to remorse on his part. Even after returning to Israel, he continued to express willingness to assist hostile elements in the future.
The District Court ruled that this constituted a series of serious offenses that spanned a period of time, including attempts to incite the commission of an attack and actual attempts to establish contact and join the activities of terror organizations, and sentenced him to 58 months of actual imprisonment, along with ancillary penalties.
In the appeal, the Criminal Department of the State Attorney’s Office, represented by Adv. Adar Erez, argues that the sentence imposed is not commensurate with the severity of the offenses and the high danger they posed. According to the prosecution, this is someone who acted persistently, proactively, and with determination over time, repeatedly attempting to advance terror activities, first through direct incitement to carry out a stabbing attack, and subsequently through actual attempts to integrate into the activities of terror organizations.
It is further argued that the court did not give sufficient weight to the fact that the offenses were committed by an Israeli citizen, thereby violating the basic duty of trust towards the state and its residents, as well as the severe timing of the offenses, which occurred in the midst of a war.
In addition, the prosecution emphasizes the need to increase the punishment and send a clear deterrent message, both to the defendant himself and to the public as a whole. Given the October 7th terror attack and its implications for the security situation, a broad increase in sentencing for security offenses is required, reflecting the severity of the acts and the heightened need for deterrence.
In the Haifa District Court, the case was handled by Adv. Yaniv Zohar from the Haifa District Prosecutor’s Office.
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