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Counter-Terrorism Law, 5776-2016

חוק המאבק בטרור, תשע"ו-2016

Published: 2016-06-23Consolidated Hebrew text as of 2025-11-27 · Last amended 2025-04-03✓ Amendment status checked against the Knesset legislation record on 2026-09-17
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Section B: Enhancement of Punishment

Enhancement of punishment for an offence that is an act of terrorism§
37.
(a)A person who commits an offence, including a sexual offence under sections 345 and 348(a), (b) and (c1) of the Penal Law, 5737-1977, that is an act of terrorism, other than an offence specified below, is liable to double the penalty prescribed for that offence but not more than 25 years:
(1)an offence under this Law;
(2)an offence under Section B or Section D of Chapter VII of the Penal Law, 5737-1977;
(3)an offence carrying mandatory life imprisonment.
(b)Notwithstanding the provisions of section 41 of the Penal Law, 5737-1977, a person who commits an offence that is an act of terrorism carrying life imprisonment, where it is not prescribed as a mandatory sentence, is liable to 30 years' imprisonment.
(c)The enhancement of punishment shall not apply to the minimum penalty prescribed for the offence.
(d)Where a court has determined that a person committed an offence that is an act of terrorism or has convicted a person of such an offence, the court shall note this in its judgment.
Punishment for conspiracy and aiding an offence that is an act of terrorism§
38.
(a)The provisions of section 32 of the Penal Law, 5737-1977 shall apply to a person who aids in the commission of an offence that is an act of terrorism; however, to the extent that enhancement of punishment has been prescribed under this Law, the penalty following enhancement shall be regarded as the penalty prescribed by statute for the commission of the offence.
(b)Notwithstanding the provisions of section 32(2) of the Penal Law, 5737-1977, where the offence referred to in subsection (a) is an offence carrying life imprisonment, the aider is liable to 15 years' imprisonment.
(c)Notwithstanding the provisions of section 499 of the Penal Law, 5737-1977, a person who conspires with another to commit an offence that is an act of terrorism or an offence under section 30 is liable —
(1)if the offence is a felony — to 14 years' imprisonment or the penalty prescribed for that offence under section 37, whichever is the lesser penalty;
(2)if the offence is a misdemeanour — to four years' imprisonment or the penalty prescribed for that offence under section 37, whichever is the lesser penalty.
Mass act of terrorism§
39.
(a)A person who commits an offence that is an act of terrorism that caused bodily injuries to a large public is liable to life imprisonment.
(b)A person who commits an offence that is an act of terrorism through the use of a chemical, biological or radioactive weapon, a harmful substance or a sensitive facility, or through harm to a sensitive facility, which by their nature or type are liable to cause serious harm to a large public or to a large area, is liable to life imprisonment.
Fixing of a life sentence§
40.

Notwithstanding the provisions of section 29 of the Conditional Release from Imprisonment Law, 5761-2001, where a person convicted of a terrorist offence has been sentenced to life imprisonment, a special release board shall not submit its recommendation to the President under the provisions of section 29(a) or (b) of that Law until at least 15 years have elapsed from the day on which the prisoner began serving the sentence or from the determining date as defined in that section, as the case may be, and the term that it recommends for fixing shall not be less than 40 years.

Prevention of conditional release from imprisonment of a person convicted of murder or attempted murder§
40a.

A person who has been sentenced to imprisonment for the commission of an offence of murder, murder in aggravated circumstances or attempted murder in respect of which the court determined in its judgment, under section 37, that it constitutes an act of terrorism, or a person whom a special release board under section 33(a) of that Law has found, on the basis of the judgment in that person's matter, to have committed such an offence that is an act of terrorism before the commencement of this Law, shall not be conditionally released from serving the remainder of the term of imprisonment under the Conditional Release from Imprisonment Law, 5761-2001.

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Section C: Application and Evidence

Application of criminal law to a terrorist offence that is an extra-territorial offence§
41.

For the purposes of section 13(a)(1) of the Penal Law, 5737-1977, an offence under sections 20, 21, 22, 29, 30 or 31 that is an extra-territorial offence as defined in section 7(b) of that Law, committed by a member of a terrorist organisation declared under Section A of Chapter II that has a nexus to Israel, or in connection with such a declared terrorist organisation, shall be regarded as an offence against the security of the State.

Out-of-court statement of a witness in terrorist offences§
42.
(a)Notwithstanding the provisions of section 10a(a) of the Evidence Ordinance [New Version], 5731-1971, when adjudicating criminal proceedings in respect of a terrorist offence, a court may admit a statement as referred to in that section even if the maker of the statement is not a witness, if the court is satisfied that the circumstances of the case indicate that the maker of the statement cannot be brought before the court because that person has departed to a state or area listed in section 2a of the Prevention of Infiltration (Offences and Jurisdiction) Law, 5714-1954, to the territories of the Palestinian Authority, to the area of the Gaza Strip or to another state or area listed in the First Schedule, or because that person is staying in such a place; in this section, "territories of the Palestinian Authority" has the meaning assigned to it in the Emergency Regulations (Judaea and Samaria — Jurisdiction over Offences and Legal Assistance), 5728-1967, as extended and amended by law.
(b)The provisions of section 10a(c) of the Evidence Ordinance [New Version], 5731-1971 shall apply to a statement admitted under subsection (a).
(c)Nothing in the provisions of this section shall render admissible evidence that is inadmissible for any other reason in law.
(d)A person shall not be convicted solely on the basis of a statement admitted under subsection (a); however, such a statement may serve as an evidentiary supplement to the prosecution's evidence, provided that it shall not serve as corroboration of the prosecution's evidence.
Prior testimony in a terrorism offence§
43.

For the purposes of section 117 of the Criminal Procedure Law [Consolidated Version], 5742-1982, where the person whose testimony is important for the clarification of the charge in a terrorism offence is a resident of a place enumerated in section 42(a), it shall be presumed that it will not be possible to take that person's testimony in the course of the trial, unless the contrary is proved.

44.§

(Repealed — תשע״ט־3)

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Chapter IV: A Detainee in a Serious Security Offence – Special Provisions

Modifications to the application of the Arrests Law to a detainee in a serious security offence§

45.

The provisions of the Arrests Law shall apply to a detainee suspected of committing a serious security offence (in this Chapter — a detainee in a serious security offence), with the modifications set out in this Chapter.

Postponement of bringing a detainee in a serious security offence before a judge§

46.
(a)Notwithstanding the provisions of sections 17(c) and 29(a) of the Arrests Law, and without derogating from the provisions of section 30 of that Law —
(1)an authorised officer may, by a reasoned written decision, if satisfied that interrupting the interrogation for the purpose of bringing a detainee in a serious security offence before a judge is likely to cause material harm to the interrogation, postpone the bringing of the detainee before a judge for a period not exceeding 48 hours from the commencement of the detention;
(2)an authorised officer may, by a reasoned written decision and with the approval of the Head of the Interrogations Division of the General Security Service, if satisfied that interrupting the interrogation for the purpose of bringing a detainee in a serious security offence before a judge is likely to cause material harm to an interrogation that has the potential to thwart the prevention of harm to human life, postpone the bringing of the detainee before a judge for an additional period beyond the period referred to in paragraph (1), not exceeding 24 hours;
(3)a court may, in exceptional cases, upon a written application by the Head of the General Security Service submitted with the consent of the Attorney General, if satisfied that interrupting the interrogation for the purpose of bringing a detainee in a serious security offence before a judge is likely to cause material harm to an interrogation that has the potential to thwart the prevention of harm to human life, order the postponement of the bringing of the detainee before a judge for an additional period beyond the periods referred to in paragraphs (1) and (2), not exceeding 24 hours; a hearing pursuant to this paragraph shall be held in the absence of the detainee.
(b)Where an authorised officer or a court has postponed the bringing of a detainee in a serious security offence before a judge pursuant to the provisions of subsection (a), the court shall record in writing the date on which the detainee was brought before a judge.
(c)In this section, "authorised officer" means any of the following:
(1)the authorised officer as defined in section 25 of the Arrests Law;
(2)the head of an interrogations team in the General Security Service.

Detention prior to the filing of an indictment§

47.

For the purposes of a detainee in a serious security offence, section 17 of the Arrests Law shall be read as follows:

(1)Subsection (a) shall be read as follows:

"(a) Notwithstanding the provision of section 13(a)(3) in fine, where a judge has ordered the detention of a suspect in that suspect's presence, the period of detention shall not exceed 20 days, provided that a judge shall not order detention for a period exceeding 15 days unless satisfied that if the detainee is not held in detention for the purpose of the continuation of the interrogation there is a near-certain possibility of thwarting the prevention of harm to human life; a judge may extend, from time to time, the detention of a suspect as aforesaid for periods not exceeding 15 days each.";

(2)In subsection (b), in place of "30 days" read "35 days".

Extension of detention in the absence of a detainee in a serious security offence§

48.

Notwithstanding the provisions of section 16(2) of the Arrests Law, with respect to the presence of a detainee in a serious security offence at a hearing on the extension of that detainee's detention during the detention period referred to in section 47, where a court has ordered, in the presence of the detainee, that detainee's detention for a period shorter than 20 days, a judge of the Supreme Court may, upon an application by the Head of the Interrogations Division of the General Security Service submitted in writing with the consent of the Attorney General, extend the detention of such a detainee in that detainee's absence, if satisfied that if the interrogation is interrupted for the purpose of bringing the detainee to the hearing there is a near-certain possibility of thwarting the prevention of harm to human life; such an extension of detention shall be for additional periods not exceeding 72 hours each, provided that the aggregate of the periods during which the detention is extended without the presence of the detainee shall not exceed 144 hours, or shall not exceed the remainder of the period left until the expiry of 20 days from the date of the hearing held in the detainee's presence, whichever is the shorter.

Reconsideration of a court decision regarding a detainee in a serious security offence§

49.
(a)A hearing on an application for reconsideration submitted pursuant to section 52 of the Arrests Law, in respect of a decision concerning the detention of a suspect in a serious security offence against whom an indictment has not yet been filed, shall not be held unless the court is satisfied, after conducting a preliminary hearing, that a ground for the application as referred to in that section has been established; a preliminary hearing on the question of whether such a ground has been established shall be held in the absence of the detainee.
(b)Notwithstanding the provisions of section 57 of the Arrests Law, where the court has determined that a ground as referred to in section 52 of the Arrests Law has been established, it may, upon an application by the Head of the Interrogations Division of the General Security Service, order that the hearing on the application for reconsideration be held in the absence of the detainee, if satisfied that if the interrogation is interrupted for the purpose of bringing the detainee to the hearing there is a near-certain possibility of thwarting the prevention of harm to human life.

Appeal against a court decision regarding a detainee in a serious security offence§

50.
(a)
(1)Notwithstanding the provisions of section 53(c) of the Arrests Law, an appeal against a court decision pursuant to section 53(a) of the Arrests Law, and likewise an application for leave to appeal against a court decision on an appeal as aforesaid pursuant to section 53(a1)(1) of that Law, in a matter concerning the detention of a detainee in a serious security offence against whom an indictment has not yet been filed, shall be submitted to the court within 30 hours of the time the court's decision was given; however, a court may, at the time it ordered the detention of a detainee in a serious security offence against whom an indictment has not yet been filed, extend the said time limit for reasons that shall be recorded, if satisfied that this is necessary in order to prevent a miscarriage of justice for the detainee; the court shall hold the hearing on the appeal pursuant to section 53(a) or (a1) of the Arrests Law within 24 hours of the time at which the appeal or the application for leave to appeal, as the case may be, was submitted to the court; the submission of an appeal or an application for leave to appeal pursuant to this paragraph, within the period prescribed therein, shall be to the registry of the court or by another means in accordance with a procedure to be determined by the Administrator of Courts;
(2)Notwithstanding the provisions of paragraph (1), Sabbaths and holidays shall not be counted in the reckoning of hours; a hearing that the court is required to hold on the evening of the termination of a Sabbath or holiday may be held by the court within six hours of the termination of the Sabbath or holiday; for this purpose, "holiday" — as defined in section 29 of the Arrests Law.
(b)Notwithstanding the provisions of section 57 of the Arrests Law, the court hearing an appeal as referred to in subsection (a) may, upon an application by the Head of the Interrogations Division of the General Security Service, order that a hearing on such an appeal be held in the absence of the detainee, if satisfied that if the interrogation is interrupted for the purpose of bringing the detainee to the hearing there is a near-certain possibility of thwarting the prevention of harm to human life.

Extension of detention, appeal and reconsideration — general provisions§

51.
(a)Where the ground by reason of which a detainee in a serious security offence was not brought to a hearing on the extension of detention, on an application for reconsideration or on an appeal pursuant to sections 48, 49(b) or 50(b) has ceased to exist, the detainee shall be brought before the court as soon as possible, and no later than the expiry of 24 hours from the time the said ground ceased to exist.
(b)The provisions of section 15(c) to (h) of the Arrests Law shall apply, with the necessary modifications, also to a hearing on the question of the detainee's presence in proceedings pursuant to sections 48 to 50, and the court may, in such a hearing, admit evidence even in the absence of the detainee or that detainee's defence counsel, if satisfied that this is required in order to prevent harm to state security or the thwarting of the interrogation.
(c)A hearing in the absence of a detainee in a serious security offence pursuant to sections 48, 49(b) or 50(b) shall be held in the presence of the detainee's defence counsel, and if the detainee is not represented — the judge shall appoint defence counsel for that detainee; if the detainee's defence counsel is absent from such a hearing, the judge shall appoint defence counsel for the detainee for the purpose of that hearing only, and may order the extension of the detention period referred to in section 48 for the minimum period necessary in the circumstances of the matter until defence counsel is present at the hearing.
(d)A decision of a court made at a hearing held in the absence of a detainee in a serious security offence pursuant to sections 48, 49(b) or 50(b) shall be brought to the attention of the detainee as soon as possible, unless the court has ordered otherwise, upon an application by a representative of the State, if satisfied that there is therein the potential to thwart the prevention of harm to human life.
(e)A decision of the court made at the preliminary hearing pursuant to section 49(a) shall be brought to the attention of the detainee as soon as possible, unless the court has ordered otherwise, upon an application by a representative of the State, if satisfied that there is therein the potential to cause material harm to the interrogation.

Prevention of a meeting of a lawyer with more than one detainee in the same investigation§

52.
(a)Notwithstanding the provisions of section 34 of the Arrests Law, and without derogating from the provisions of section 35 of that Law, where the competent authority finds that one lawyer is requesting to meet with several detainees suspected of a serious security offence who are being investigated in the framework of the same investigation, or that several such detainees are requesting to meet with one lawyer, and that such a meeting is likely to cause material harm to the investigation, the competent authority may refuse to permit such a lawyer to meet with more than one detainee; the competent authority shall notify each of the detainees of such a decision, and likewise the lawyer; for this purpose —

"competent authority" means any of the following:

(1)the head of an interrogations department in the General Security Service, authorised to do so by the Head of the General Security Service;
(2)a police officer of the rank of Deputy Commissioner or above, authorised to do so by the Inspector General of the Israel Police;

"one lawyer" — including another lawyer from that lawyer's firm.

(b)Notwithstanding the provisions of subsection (a), the prevention of a meeting as referred to in that subsection for a period exceeding 30 days shall require the approval of the Attorney General.
(c)The provisions of section 35(e) to (j) of the Arrests Law shall apply, with the necessary modifications, to a decision pursuant to this section; for this purpose, the lawyer whose meeting with the detainee was prevented pursuant to this section shall also be entitled to appeal.

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