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Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996

חוק סדר הדין הפלילי (סמכויות אכיפה – מעצרים), תשנ"ו-1996

Published: 1996-05-12Consolidated Hebrew text as of 2026-06-30 · Last amended 2026-07-29✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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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

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

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.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Section E: Arrest not by a Police Officer

Conferral of Powers of Arrest on Public Employees§
39.
(a)The Minister for Internal Security may, by Order, confer on a public employee the powers of a police officer to detain or arrest without a judge's order, if satisfied that conferral of the power is essential for the discharge of the employee's functions.
(b)A power as referred to in subsection (a) shall not be conferred except on a public employee who has received appropriate training and in respect of whom the Israel Police has notified that there is no bar to authorising the employee on grounds of public security.
(c)In this Section, "public employee" — a State employee within the meaning of the State Service (Appointments) Law, 5719-1959, and also an employee of a statutory authority on whom a disciplinary law applies, pursuant to law.
(d)The bodies in which powers of detention and arrest are to be conferred on public employees as aforesaid shall be determined with the approval of the Constitution, Law and Justice Committee of the Knesset.
Arrest by a Public Employee§
40.

A public employee authorised pursuant to section 39 shall be subject to the duties applicable to a police officer carrying out an arrest under this Law, and sections 44 and 45 of the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969, shall also apply to the arrest; however, a public employee shall not enter premises used as a dwelling without an arrest warrant.

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Section F: Imposition of Bail and Release on Bail

Definitions§
41.

In this Section —

"bail" — a monetary deposit or a personal undertaking of a suspect or of a defendant, whether alone or together with a guarantee of any kind, a guarantee or monetary deposit of sureties, all as the court or the commanding officer shall direct, as the case may be.

Determination of Bail by the Commanding Officer§
42.
(a)Where the commanding officer has decided to release on bail or to impose bail, the commanding officer shall determine the type of bail and its amount in accordance with the considerations referred to in section 46.
(b)Release on bail shall be on condition that the suspect appears for investigation or trial at any time required, and that the suspect does not disrupt investigation and trial proceedings; the commanding officer may, with the consent of the suspect, make the release on bail subject to the following conditions:
(1)an obligation to give notice of any change of residential address or place of employment;
(2)a prohibition on leaving the country and surrender of the passport, for a period not exceeding 3 months;
(3)a prohibition on entering an area, locality or place in the country, to be specified, for a period not exceeding 15 days;
(4)a prohibition on maintaining contact or meeting with a person to be specified, for a period not exceeding 30 days;
(5)an obligation to reside or remain in an area, locality or place in the country, to be specified, for a period not exceeding 15 days;
(6)an obligation to report to the police station at times to be specified;
(7)a prohibition on leaving the place of residence during all hours of the day or part thereof, for a period not exceeding 5 days;
(8)surrender of any weapon in the suspect's possession to the police station — in respect of a suspect in an offence of violence.
(b1)Where the commanding officer has decided not to make the release of a suspect in an offence of violence against a family member subject to the surrender of the weapon in the suspect's possession, as referred to in subsection (b)(8), the commanding officer shall set out the reasons therefor in writing; for this purpose, "family member" — as defined in the Law for the Prevention of Domestic Violence, 5751-1991.
(b2)Where the commanding officer has decided to release on bail a suspect in an offence committed with serious violence, with cruelty, or through the use of a firearm or a bladed weapon, the commanding officer shall make the release subject to surrender of any weapon in the suspect's possession as referred to in subsection (b)(8).
(c)The provisions set out in section 48(b), (d) and (e) shall apply to the decision of the commanding officer.
(d)Where the commanding officer has decided to release the suspect on bail and the suspect has not consented to the imposition of bail, to its amount or to its conditions as referred to in subsection (a), or where the commanding officer is of the opinion that the suspect should be released under conditions that are beyond the commanding officer's authority, or where bail has not been furnished in time, the suspect shall be arrested and brought before a judge as soon as possible and no later than 24 hours.
(e)Where bail has been set by way of a monetary deposit and the suspect is unable to furnish the deposit, the commanding officer may order the release of the suspect on other bail, and may also make the release subject to furnishing of the monetary deposit within a time to be specified.
(f)A person on whom bail has been imposed shall be treated as a person released on bail, with the necessary modifications.
Appeal against the Commanding Officer's Decision§
43.

A person released on bail by the commanding officer may appeal before a Magistrate's Court —

(1)against the amount of the bail or the reasonableness of its conditions, within 14 days of the date of the commanding officer's decision;
(2)against the conditions of release on bail that have been set, if circumstances have changed and they are capable of affecting the determination of the conditions of release;
(3)against a condition imposed pursuant to section 42(b2), if in the circumstances of the matter no danger to the security of a person or to public security is posed by cancelling the condition.
Release on Bail by the Court§
44.
(a)A suspect against whom an indictment has not yet been filed, a defendant, or a convicted person whose appeal against the judgment is pending, who is detained or imprisoned, may, upon application, be ordered by the court to be released on bail or without bail.
(b)A court may order a defendant or a convicted person whose appeal against the judgment is pending to furnish bail, even if the court does not have jurisdiction to order the person's arrest pursuant to section 21, in order to ensure the person's appearance for trial; and upon doing so, the defendant or the convicted person shall be regarded as a person released on bail.
Restriction on Release§
45.

Where a court is of the opinion that there is ground for taking immediate testimony pursuant to section 117 of the Criminal Procedure Law, in respect of offences under sections 199 to 202, 427 or 428 of the Penal Law, 5737-1977, or under the Dangerous Drugs Ordinance [New Version], 5733-1973, except for an offence connected only with personal use of drugs, the court shall not release the defendant on bail before the testimony that the court deemed should be taken immediately has been taken, unless the prosecutor has consented thereto or the judge is satisfied that the release will not interfere with the taking of the testimony, or unless 14 days have elapsed since the time of the arrest.

Considerations for Determining Bail§
46.
(a)Where a judge has ordered that a person be released on bail or that bail be imposed on a person, the judge shall determine the type of bail, the amount of the bail, and also the conditions of the bail and the duration of their validity; all to an extent no greater than what is required to achieve the purposes of imposing bail.
(b)In making a decision pursuant to subsection (a), the judge shall also take into account the following —
(1)the nature of the offence;
(2)the information available to the prosecution;
(3)the person's criminal record;
(4)the person's financial situation and ability to furnish the bail required;
(5)the likelihood that the person will be able to comply with the conditions of bail.
(c)In determining the conditions of bail for a minor, the judge shall take into account, inter alia, the minor's special needs as a minor.
Consequences of Failure to Furnish Bail§
47.
(a)Where a person has been released on bail and has not furnished it by the time specified, the person shall be arrested and brought before a judge within 24 hours of the time of arrest.
(b)Where the judge has made the release subject to the furnishing of bail and the bail has not been furnished by the time specified, the detainee shall be brought before a judge within 24 hours of the expiry of that time.
(c)Where the judge has not specified a time for furnishing bail and the bail has not been furnished, the detainee shall be brought before a judge within 48 hours of the time of the giving of the decision.
(d)Immediately upon furnishing of the bail required and fulfilment of the conditions of bail, the person shall be released from arrest.
Conditions of Release on Bail§
48.
(a)Release on bail is conditional upon the released person appearing for investigation, for proceedings in his trial or on appeal, or for serving his sentence, at every date on which he is required to do so, and also upon his refraining from obstructing judicial proceedings; the court may add conditions, for a period it shall determine, as it sees fit, including:
(1)an obligation to give notice of every change in residential address and place of work;
(2)a prohibition on leaving the country and the depositing of the passport;
(3)a prohibition on entering a region, settlement or place in the country, as it shall determine;
(4)a prohibition on maintaining contact with or meeting a person it shall determine;
(5)an obligation to reside or be present in a region, settlement or place in the country, as it shall determine;
(6)an obligation to be under the supervision of a probation officer, following the receipt of a detention report; the duration of supervision shall not exceed six months, but the court may extend it for periods not exceeding six months each;
(7)an obligation to receive treatment for drug users, provided that the treatment has been approved by a probation officer;
(7a)in respect of a defendant who has been prosecuted under section 21a of the Mental Health Treatment Law, 5751-1991, or a defendant to whom section 28a(d) of that Law applies and who has been prosecuted under section 21 of that Law — an obligation to appear for a psychiatric examination, or, if the defendant has agreed thereto — to receive treatment at a place to be determined by the district psychiatrist;
(8)an obligation to appear at a police station at times it shall determine;
(9)a prohibition on leaving his place of residence throughout the entire day or during part thereof;
(10)a prohibition on continuing an occupation connected to the offence, including a prohibition on working in an institution, where there exists a reasonable basis for concern that continuation of the occupation constitutes a danger to public security, or is likely to facilitate the commission of a similar offence; where the court has made release conditional upon a prohibition on working in an institution, it shall direct that no police clearance be issued to the released person; for this purpose —

"institution" and "work" — as defined in the Law for the Prevention of the Employment of Sex Offenders in Certain Institutions, 5761-2001 or in the Law for the Prevention of the Employment in Certain Institutions of Persons Convicted of Violence against Children and Helpless Persons, 5783-2023, as the case may be;

"police clearance" — as its meaning in section 3 of the Law for the Prevention of the Employment of Sex Offenders in Certain Institutions, 5761-2001, or as defined in the Law for the Prevention of the Employment in Certain Institutions of Persons Convicted of Violence against Children and Helpless Persons, 5783-2023, as the case may be;

(11)to comply with a protection order under the Law for the Prevention of Domestic Violence, 5751-1991;
(12)the depositing at the police station of weapons in his possession — in respect of a suspect in an offence of violence;

the court may also, on the basis of a detention report as referred to in section 21a, and with the consent of the suspect or defendant, make his release conditional upon undergoing a medical examination or receiving medical treatment or other professional treatment, or direct that the treatment be within the framework of supervision by a probation officer as referred to in paragraph (6).

(b)A judge shall not order a prohibition on leaving the country unless both of the following conditions are met:
(1)there exists a reasonable possibility that the released person will not appear for investigation, for proceedings in the trial or for serving his sentence;
(2)it is not possible to ensure his appearance by the furnishing of appropriate bail or by the setting of appropriate conditions of release.
(b1)Where the court has ordered the release of a suspect in an offence of violence against a family member, or in an offence committed with serious violence, cruelty or using a firearm or cold weapon, and has not made the release conditional upon the depositing of weapons in the suspect's possession as referred to in subsection (a)(12), it shall set out its reasons therefor in its decision; for this purpose, "family member" — as defined in the Law for the Prevention of Domestic Violence, 5751-1991.
(b2)Where the court has ordered the release of a defendant in a sexual offence as defined in the Law for the Prevention of the Employment of Sex Offenders in Certain Institutions, 5761-2001, or in an offence of violence against or abuse of a child or helpless person as defined in the Law for the Prevention of the Employment in Certain Institutions of Persons Convicted of Violence against Children and Helpless Persons, 5783-2023, which according to the indictment the defendant committed while an adult, and has not made the release conditional upon a prohibition on working in an institution as referred to in subsection (a)(10), it shall set out its reasons therefor in its decision.
(c)Where an arrangement is required to ensure compliance with the conditions of release, the details of the arrangement shall be brought to the judge's knowledge before the conditions are determined.
(d)An order prohibiting departure from the country shall serve as authority to prevent the released person from leaving the country.
(e)For the purpose of supervising compliance with the conditions of release, a police officer shall have the power to enter any place where he has a reasonable basis to believe that the released person is present or where the released person is required to be present.
Bail Bond§
49.
(a)A bail bond shall set out the conditions of release and shall be signed before a judge, registrar or clerk of the court, or before a police officer or prison officer authorised for that purpose by police orders or the prison service.
(b)A bail bond signed by a third party shall also set out the special conditions for the fulfilment of which the third party stands surety.
Discharge of Surety§
50.
(a)Where a third-party surety has requested to cancel his surety or to have his bail deposit returned to him, the court may, after summoning to the hearing the applicant, the prosecutor, the person released on bail and any surety who stood surety jointly with the applicant, grant the application or refuse it; the court shall not refuse the application if the person released on bail has appeared or has been brought before the court; where the court grants the application, it may cancel the release on bail, set other bail, or vary its conditions.
(b)The court may issue an order for the production of a surety who was summoned to the hearing and did not appear, unless the surety was represented at the hearing by a lawyer or notified the court by affidavit that he agrees to the application.
(c)In respect of an application for the return or cancellation of a bail deposit or surety imposed by the commanding officer, the commanding officer shall have the powers vested in the court under subsection (a), with the necessary modifications.
(d)Where a surety has died before an order has been given for the payment of the amount of his surety or for the forfeiture of his bail deposit, his liability under the bail bond is extinguished, and the amount of his bail deposit shall be returned to his estate upon request; where the court has been notified of the death of the surety, the court shall give notice thereof to the prosecutor, to the person released on bail and to any other surety who stood surety for the same released person, and the court may, upon the application of a prosecutor or another surety, set other bail, vary its conditions or cancel the release on bail.
Consequences of Breach of Conditions of Release on Bail§
51.
(a)A judge hearing the matter of a person released on bail who has been brought before him for breach of a condition of release may order the forfeiture of the bail, and, if a ground for arrest has arisen, arrest him or release him on bail subject to conditions he shall determine.
(b)Where a judge is satisfied that a person released on bail has breached a condition of release and that it is not possible to bring him before him, he may order the forfeiture of the bail.
(c)An application for the forfeiture of bail furnished by a surety shall not be heard unless the surety has been given an opportunity to state his arguments.
Reconsideration of Court Decision§
52.
(a)A detained person, a person released on bail or a prosecutor may apply to the court for reconsideration in a matter relating to arrest, release or breach of the conditions of release on bail, including in respect of a decision under this section, if new facts have been discovered, circumstances have changed or a considerable time has elapsed since the decision was given.
(b)A person held in custody due to his inability to furnish bail may apply at any time for reconsideration.
(c)Where supervision by a probation officer has been imposed under section 48(a), the probation officer may apply to the court for an order varying its decision; the application shall be in writing and shall be accompanied by a report.
(d)(Lapsed)
Appeal against Court Decision§
53.
(a)A detained person, a person released on bail and a prosecutor may appeal against a decision of a court in a matter relating to arrest, release, breach of bail conditions or a decision on an application for reconsideration, and a surety may also appeal in respect of his surety, before a court of appeal, which shall hear the appeal by a single judge.
(a1)
(1)against a decision of the District Court on an appeal under subsection (a), any of those listed in that subsection may apply for leave to appeal before the Supreme Court;
(2)the Supreme Court shall hear the application by a single judge; however, the Supreme Court may dismiss the application at the threshold, without a hearing in the presence of the parties; where leave to appeal is granted as aforesaid, the Supreme Court shall hear it by a single judge and may hear the application for leave to appeal as if it were an appeal.
(b)The judge hearing the appeal may have recourse to new evidence material that has been added since the hearing in the court below.
(c)An appeal as referred to in subsection (a) and an application for leave to appeal as referred to in subsection (a1) shall be submitted within 30 days from the date on which the court's decision was given; however, the court may extend that period for reasons that shall be recorded.
(d)(Lapsed)
Powers on Reconsideration and Appeal§
54.

On reconsideration and on appeal the court may uphold the decision under appeal, vary it or cancel it and substitute another decision in its place.

Stay of Execution of Release§
55.
(a)Where the court has decided on release on bail or on release without bail of a person who was in custody at the time the decision was given, and the Attorney General or a prosecutor has notified, at the time the decision was given, of his wish to appeal against it, the court that gave the order may order a stay of execution of the release for a period it shall fix, not exceeding 48 hours from the time the decision was given; for this purpose the provisions of section 29 shall apply, with the necessary modifications.
(b)An appeal as referred to in subsection (a) shall be submitted as soon as possible within the period that has been fixed.
(c)Where the Attorney General or the prosecutor has decided, notwithstanding his notification to the court, not to submit an appeal, he shall immediately notify the court of his decision, and the person shall be released forthwith.
Manner of Submission of Applications§
56.
(a)An application for release on bail that is not submitted in the course of a hearing on an application for arrest, an application to impose bail, an application for reconsideration or an application for appeal, shall be submitted in writing and shall contain a summary of the grounds therefor; if other applications have preceded it in the same matter, copies of those applications and of the record of the hearing thereon shall be attached to it; however, the court may have recourse to an application even if copies have not been attached as aforesaid, if it is satisfied that it has in its possession the information required for the giving of a decision.
(b)The provisions of section 15(c) to (g) shall apply to an application under subsection (a), with the necessary modifications.
Presence of Parties§
57.
(a)A hearing under sections 43, 52, 53 and 58 shall be held in the presence of the person released on bail or his defence counsel, in the presence of the detained person, and in the presence of a prosecutor; however, it is permissible to hear the detained person's application in the absence of a prosecutor if the prosecutor has been given notice of the hearing 24 hours in advance; it is permissible to hear the prosecutor's application in the absence of the person released on bail if notice of the hearing has been served on the person released on bail 48 hours in advance.
(b)Notice of the date and place of the hearing shall be given to the person released on bail, to the detained person, to defence counsel if they have defence counsel, and to the prosecutor.
(c)Where it is not possible to hold the hearing in the presence of the detained person owing to his state of health, the provisions of section 16(2) shall apply, with the necessary modifications.
Validity of Bail§
58.
(a)The bail and conditions of release on bail shall be cancelled if an indictment is not filed against the suspect within 180 days; however, the court may, within the bail period, extend it and its conditions for an additional period not exceeding 180 days, if an application has been submitted with the approval of a prosecutor.
(b)The court may order a further extension of the bail and its conditions for a period not exceeding 90 days, if an application therefor has been submitted with the approval of the Attorney General.
Release in the Absence of Indictment§
59.

A suspect who is in custody and against whom an indictment has not been filed within 75 days of his arrest shall be released from custody, on bail or without bail.

Release in the Absence of Trial§
60.

A defendant who, after the filing of an indictment against him, has been held in custody on account of that indictment for a period aggregating 30 days, and in respect of electronic monitoring arrest — aggregating 60 days, and his trial has not commenced, shall be released from custody, on bail or without bail; however, the court may postpone the date of commencement of the trial, without the defendant being released, for an additional 30 days, if the defendant or his defence counsel has so requested.

Release in the Absence of Verdict or Sentence§
61.
(a)A defendant who, after the filing of an indictment against him, has been held in custody on account of that indictment for a period aggregating nine months, and if he was held in electronic monitoring arrest — for a period aggregating 18 months, and his trial in the court of first instance has not concluded with a verdict, shall be released from custody, on bail or without bail.
(b)(Repealed)
(c)Without derogating from the provisions of section 62, where a conviction has been given against a defendant after he has been held in custody for a period aggregating nine months, and if he was held in electronic monitoring arrest — for a period aggregating 18 months, on account of that indictment, the court that convicted him may order the extension of his custody or his re-arrest until sentencing, including his arrest under electronic monitoring, if it finds that there is a ground for his arrest; if a sentence is not given within 90 days, and in respect of electronic monitoring arrest — within 180 days, from the date on which the court so ordered, the defendant shall be released from custody.
Extension or Renewal of Arrest§
62.
(a)Notwithstanding the provisions of sections 59 to 61, a judge of the Supreme Court may order the extension of the arrest or re-arrest, including arrest under electronic monitoring, for a period not exceeding 90 days, and may repeatedly so order from time to time, and may also order the release of the defendant, on bail or without bail.
(b)Notwithstanding the provisions of subsection (a), where a judge of the Supreme Court is of the opinion that it will not be possible to conclude the trial proceedings within the period of 90 days referred to in subsection (a), owing to the type of offence, the complexity of the case or the multiplicity of defendants, witnesses or charges, he may order the extension of the arrest or re-arrest, including arrest under electronic monitoring, for a period not exceeding 150 days, and may repeatedly so order from time to time, and may also order the release of the defendant, on bail or without bail.
Court's Power of Arrest until Hearing of Application for Re-Arrest§
62a.

Where a prosecutor has given notice of his intention to apply for the arrest of a defendant who is about to be released from custody or who is not in custody, after having been held in custody for a period aggregating nine months, and if he was held in electronic monitoring arrest — for a period aggregating 18 months, on account of that indictment, the court may, if it finds that there is a ground for the arrest of the defendant, order his arrest for a period not exceeding 72 hours for the purpose of submitting an application to the Supreme Court under section 62.

Release and Discharge upon Conclusion of Trial§
63.

Where a defendant is acquitted, the charge is cancelled or the trial proceedings are discontinued, he shall be released immediately from custody if he is in custody; and if he was released on bail, including if he was arrested under electronic monitoring arrest in conjunction with the setting of bail, he and his sureties shall be discharged from their surety and the monetary bail deposit shall be returned, all as the case may be; however, if the prosecution has given notice of its intention to submit an appeal, the court may release him on bail for reasons that shall be recorded, or order his arrest for a period not exceeding 72 hours for the purpose of filing notice of appeal, and if he was in custody under electronic monitoring — order the continuation of his custody under electronic monitoring for the said period.

Arrest on Account of Another Offence§
64.

Nothing in the provisions of sections 59 to 63 shall prevent the arrest of the suspect or defendant, his release on bail or the continuation of his arrest, on account of another act, or his arrest by order of the court of appeal.

Power of Police Officer§
65.

So long as an indictment has not been filed, a police officer who is not a prosecutor as referred to in section 12(a)(2) of the Criminal Procedure Law may conduct proceedings under Section C or under this Section, except for proceedings under sections 52 and 53.

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