Penal Law, 5737-1977

Where a court has ordered a person pursuant to section 72 to give an undertaking to refrain from committing an offence, the court may compel him to comply with the order and to give the undertaking by imposing on him imprisonment for a period not exceeding three months.

An order pursuant to sections 72 or 74 is appealable as if it were a judgment of imprisonment for three months.

Where a person has given an undertaking pursuant to section 72 to refrain from committing an offence, and thereafter a court has convicted him of the offence from which he undertook to refrain or has found that he committed the offence as aforesaid but has not convicted him, the court that convicted or found as aforesaid shall order payment of the amount of the undertaking; if the amount of the undertaking has not been paid, it shall be treated as a fine and the provisions of sections 66 to 70 shall apply to it, and in respect of an undertaking imposed on a person pursuant to section 72(a) – also the provisions of section 71.

An order to pay compensation pursuant to section 77 shall, for the purposes of an appeal by the defendant against it, have the same status as a judgment of the same court given in a civil action by the person entitled thereto against the person liable thereunder; in an appeal against the judgment that gave rise to the order to pay compensation, an appeal against the order may also be included.

Where a person has been convicted, the court may order him to pay the costs of the proceedings, including witnesses' expenses, in an amount determined by the court; for the purposes of appeal and for the purposes of sections 66 to 71, costs of proceedings with which a person has been charged pursuant to this section shall be regarded as a fine.

Where a person has been convicted and the court is satisfied that he uses dangerous drugs, within the meaning of the Dangerous Drugs Ordinance [New Version], 5733-1973, the court may impose on him by order – probation within the framework of which the convicted person shall undergo community treatment, for a period and in accordance with a programme as the court shall direct; and the court may make such an order without convicting the defendant, even if there is a suspended sentence pending against him which may be ordered to be activated.

A court shall not make a probation order as referred to in sections 82 or 86 unless –

"treatment for drug users" – "social treatment", "medical treatment" or "combined treatment" as defined in the Supervision of Institutions for the Treatment of Drug Users Law, 5753-1993, provided to drug users;

"institution" – as defined in that Law.

"family member" – including a person who was formerly a family member, being one of the following:

"spouse" – including a person publicly known as one's spouse.

The provisions of the Probation Ordinance [New Version], 5729-1969, shall apply to a probation order made under this Section, subject to its provisions and with the necessary modifications.

Where a community court, as defined in section 220b of the Criminal Procedure Law [Consolidated Version], 5742-1982, has found that a defendant committed an offence and that he has successfully completed proceedings in a community court, it may –

An acquittal in criminal proceedings, or the imposition of a punishment or an order to pay compensation under section 77, does not release a person from liability for damage under any other law.

The provisions of this Chapter apply to offences under any law.

The Minister of Justice is charged with the implementation of this Chapter and may make Regulations on any matter relating to its implementation.

Wherever in any enactment enacted before the commencement of the Penal Law (Amendment No. 39) (Preliminary Part and General Part), 5754-1994 (in this Chapter – Penal Law Amendment No. 39), the mental element of an offence is expressed by the term –

Wherever in any enactment enacted before the commencement of Penal Law Amendment No. 39, the mental element required for the commission of the offence is negligence, and for that offence a sentence of imprisonment exceeding three years has been prescribed – the punishment for that offence shall be imprisonment for three years.

In this Chapter –

"enemy" – a person who is a belligerent party to, or maintains a state of war against, Israel, or who declares himself to be one of the foregoing, whether or not war has been declared, whether or not military hostilities are taking place, and including a terrorist organisation;

"terrorist organisation" – an organisation whose objectives or activities are directed at the elimination of the State or at harming the security of the State or the security of its inhabitants or of Jews in other states;

"information" – including information that is incorrect, and any description, plan, password, symbol, formula, object or part thereof containing information or capable of serving as a source of information;

"delivery" – including delivery by marking and signalling and including causing delivery;

Where an act is done with a particular intention, the reference is to an act or omission with that intention without lawful authority.

A conspiracy or attempt to commit an offence under this Chapter shall be treated in the same manner as the commission of the offence.

A defence under sections 21 or 22 shall not serve as a ground for exemption from criminal liability for an offence under sections 97, 98, 99, 107, 112, or 113(b); however, it shall serve as a ground for mitigation of the law.

An act shall not be regarded as an offence under this Chapter if a bona fide intention is implied therein, or if it is done in good faith with the intention of bringing about, by means not unlawful under any law, a change in the arrangements of the State or in the acts of any of its authorities, or in the arrangements of a foreign state or in the acts of any of its authorities, or in the arrangements of an institution or organisation of states or in their activities.

Notwithstanding the provisions of this Chapter, a court shall not impose the death penalty unless the offence was committed during a period in which military hostilities by or against Israel are being conducted.