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Penal Law, 5737-1977

חוק העונשין, תשל"ז-1977

Published: 1977-08-04Consolidated Hebrew text as of 2026-07-02 · Last amended 2026-06-30✓ 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

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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 F: Harm to Foreign Relations

Harm to Foreign Relations [D/31]§
121.
(a)A person who conspires to do an act against a friendly state or its representatives or against an organisation or institution of states or their representatives, and the act was capable of harming an interest that Israel has in maintaining relations between itself and a state, organisation or institution as aforesaid, is liable to imprisonment of seven years.
(b)Notwithstanding the provisions of any law, a person who commits an offence with intent to cause harm to the relations between Israel and a state, organisation or institution as referred to in subsection (a), or to an interest that Israel has therein, is liable to imprisonment of ten years; and if the punishment for that offence, even without proof of the intent referred to in this subsection, is imprisonment of seven years or more, the person is liable to life imprisonment.
(c)In this Section, "friendly state" means a state that maintains diplomatic or commercial relations with Israel or that permits citizens of Israel to visit its territory.
Recruitment to Foreign Forces [D/32]§
122.
(a)An Israeli citizen who volunteered to serve in the armed forces of a foreign state is liable to imprisonment of three years; and an Israeli citizen who served in the armed forces of a foreign state shall be deemed to have volunteered to serve, as long as the citizen has not proved the contrary.
(b)A person who recruited in Israel a resident of Israel to the armed forces of a foreign state, where the recruiter is not the official representative of that state and the person recruited is not a citizen thereof, is liable to imprisonment of five years.
(c)A person shall not bear criminal liability under this Section for an act done under a permit by virtue of law or under an agreement between Israel and another state or an international institution or organisation, or under a permit granted on behalf of the Government, whether in respect of that person, that act, or generally.

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Section F-1: Harm to State Sovereignty by Bringing in or Taking out Items across Borders

Harm to State Sovereignty at Borders§
122a.

A person who unlawfully brings an item into Israel or unlawfully takes an item out of Israel other than through a border station is liable to imprisonment of nine years; in this Section, "border station" means a border station designated by the Minister of the Interior by Order under section 7 of the Entry into Israel Law, 5712-1952.

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Section G: Procedure

Indictment [D/33]§
123.

No indictment shall be filed under this Chapter except by the Attorney General or with the Attorney General's written consent.

Arrest on Application of the Attorney General [D/34]§
124.
(a)A judge of the Supreme Court may, upon application by the Attorney General, order the arrest of a person suspected of an offence under Section B or Section D for a period to be determined or extended by the judge, which shall not exceed thirty days on each occasion and shall not exceed four months in the aggregate.
(b)(Repealed)
(c)In respect of an arrest under this Section, the powers referred to in Section B of Chapter III of the Criminal Procedure Law [Consolidated Version], 5742-1982 are vested in the President of the Supreme Court or in a judge of the Supreme Court designated for that purpose.
Ordinary Arrest [D/35]§
125.
(a)Notwithstanding the provisions of the Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996, a senior police officer may order the arrest of a person suspected of an offence under Section B or Section D for a period of fifteen days before the person is brought before a judge; before issuing the arrest order or within forty-eight hours after issuing it, the officer shall hear the suspect.
(b)A person arrested as referred to in subsection (a) may also be held in a place of detention designated by the Minister of Defence, notice of which has been given to the Minister of Justice; the detention shall be subject to the conditions prescribed in Regulations under section 3 of the Emergency Powers (Detentions) Law, 5739-1979.
Police Search in Urgent Circumstances [D/36]§
126.

If the Inspector General of the Police, or a senior police officer authorised by the Inspector General for that purpose, is satisfied that there is sufficient ground to believe that an offence under section 111 or section 112 has been committed or is about to be committed under one of those sections, and it is reasonable that the matter does not admit of delay and that state security requires immediate action, the Inspector General or such officer may give a police officer a written instruction signed by him to conduct a search in connection with that offence, and that instruction shall have the same effect, for all purposes, as a search warrant issued by a judge of the Magistrate's Court under the Ordinance, provided that such an instruction shall be confirmed by a judge within three days after it is given.

Military Search in Urgent Circumstances [D/37]§
127.

If the commander of a military unit holding the rank of major or above is satisfied that there is sufficient ground to believe that an offence under section 111, 112 or 115 has been committed, and the commander considers that the matter does not admit of delay and that state security requires immediate action, and it is not possible to act under section 126, the commander may give a soldier a written instruction signed by the commander to conduct a search of the body and belongings of a person in connection with that offence, and that instruction shall have the same effect, for all purposes, as a search warrant issued by a judge of the Magistrate's Court under the Ordinance, provided that no search under this Section shall be conducted in a dwelling; such an instruction shall be confirmed by a judge of the Magistrate's Court or by the president of a district military court within three days after it is given.

Confidentiality of Proceedings [D/38]§
128.

If the court hearing a trial for an offence under Section B or Section D considers that state security requires the maintenance of confidentiality to a degree that cannot be achieved by means available under any other law, the court may order —

(1)that the accused or the defence counsel shall not be present at a particular proceeding or shall not examine a particular piece of evidence;
(2)that the court shall sit, in a particular proceeding, in a place outside the court building;
(3)that anything said or evidence submitted in a particular proceeding shall be kept confidential, in the manner and to the extent determined by the court;

provided that the court shall not exercise its power under paragraph (1) unless it has been assured to its satisfaction that the accused will have a full defence, including a defence counsel appointed by the court or chosen by the accused in place of the defence counsel who is to be absent or who is not to examine the evidence as aforesaid.

Instruments of Offence [D/39]§
129.
(a)Where a person has been convicted of an offence under this Chapter, the court may order that any property used or employed by the offender to commit the offence be forfeited to the State Treasury, even if the offender's ownership of the property has not been proved.
(b)A person who claims a right in property forfeited under subsection (a) and who was not a party to the offence may, within one year from the date of the forfeiture order or within an additional period prescribed therein for that purpose, apply to the court that ordered the forfeiture to annul the forfeiture and to order the delivery of the property to its owner; if the property is no longer in existence, the court may, if satisfied that there was culpability or negligence in its safekeeping, order the State Treasury to pay damages in an amount to be determined; if the property was sold, the proceeds of sale shall take its place.
(c)The procedure in proceedings under subsection (b) shall be prescribed in Regulations.

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Section H: Miscellaneous

Savings Provisions [D/40]§
130.

The provisions of this Chapter are intended to add to the provisions of any other law and not to derogate therefrom.

Extraterritorial Offences [D/41]§
131.

A person who committed an offence under this Chapter outside Israel shall be liable therefor in Israel; however, a person shall not bear criminal liability for an offence under section 97, 98, 100, 103 or 121 committed outside Israel if, at the time of the offence, the person was not an Israeli citizen, a resident of Israel, or under a duty of trust to the State of Israel, whether by reason of serving in the service of the State or for any other reason.

Implementation [D/43]§
132.

The Minister of Justice is responsible for the implementation of this Chapter.

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Chapter VIII: Offences against the Order of Government and Society

Section A: Sedition

Acts of Sedition [A/59(1)(a)]§
133.

A person who does an act for the purpose of sedition, or who attempts, prepares, or conspires with another to do such an act, is liable to imprisonment of five years.

Seditious Publications [A/59(1)(b),(c),(2)]§
134.
(a)A person who publishes, prints or reproduces a publication that is capable of sedition is liable to imprisonment of five years and the publication shall be forfeited.
(b)A person who imports a publication capable of sedition is liable to imprisonment of five years and the publication shall be forfeited, unless the person had no ground to believe that the publication was capable of sedition.
(c)A person who possesses, without lawful justification, a publication capable of sedition is liable to imprisonment of one year and the publication shall be forfeited.
Restrictions on Prosecution and Conviction [A/59(3)–(5)]§
135.
(a)Criminal proceedings for an offence under section 133 or 134 shall not be instituted later than one year from the day on which the offence was committed, and no person shall be prosecuted for such an offence except with the written consent of the Attorney General.
(b)No person shall be convicted of an offence under section 133 or 134 on the testimony of a single witness without corroboration of that testimony.
Sedition — Definition [A/60(1)]§
136.

For the purposes of this Section, "sedition" is any of the following:

(1)bringing about hatred, contempt or disloyalty towards the state or its lawfully established authorities of government or justice;
(2)inciting or stirring up the inhabitants of the land to attempt, by unlawful means, to change anything founded in law;
(3)arousing discontent or dissatisfaction among the inhabitants of the land;
(4)arousing strife and enmity between different sections of the population.
Truth Is Not a Defence [A/60(4)]§
137.

In a prosecution under section 133 or 134, it shall not be a defence that the publication alleged to be capable of sedition is true.

Lawful Criticism and Propaganda [A/60(5)]§
138.

An act, speech or publication shall not be regarded as sedition if its sole purpose is any of the following:

(1)to show that the Government was misled or erred in an act it performed;
(2)to point out errors or defects in the laws or administration of the state, or in any of its lawfully established institutions, or in the administration of government and justice, all with a view to bringing about the correction of those errors or defects;
(3)to persuade the citizens or inhabitants of the state to attempt by lawful means to bring about a change in anything founded in law;
(4)to point out, with a view to removing them, matters that arouse or are likely to arouse strife or feelings of hostility between different sections of the population.
Defence in Publications of an Agent [A/61]§
139.

In a charge relating to a publication published by an agent which is alleged to be seditious, it shall be a good defence for the principal that the publication was made without his authority, consent or knowledge and not from want of due attention or care on his part, and that he did all in his power to assist in discovering the identity of those responsible for its making and publication.

Oath to Commit a Grave Offence [A/63]§
140.

One who does any of the following is liable to imprisonment for seven years:

(1)administers to another person an oath or an undertaking equivalent to an oath (both referred to in this Section as an oath), or is present at the administration of such an oath and expresses consent thereto, where the oath is intended to bind the person sworn to commit an offence punishable by death, life imprisonment or imprisonment for twenty years, or to bind him to participate in an act of insurrection or mutiny;
(2)takes the oath referred to in paragraph (1) without having been compelled to do so.
Oath to Commit Another Offence [A/64] [5726]§
141.

One who does any of the following is liable to imprisonment for five years:

(1)administers to another person an oath, or is present at the administration of an oath and expresses consent thereto, where the oath is intended to bind the person sworn to any of the following:
(a)to commit an offence not punishable by death, life imprisonment or imprisonment for twenty years;
(b)to disturb the public peace;
(c)to join an association established for the purpose of doing an act referred to in sub-paragraphs (a) or (b);
(d)to obey the orders of a committee or body of persons established unlawfully, or of a leader, commander or other person who has no lawful authority to give such orders;
(e)not to inform on a fellow member of the association or on a particular person, or not to testify against them;
(f)not to disclose the existence of a prohibited association, or a prohibited act that has been done or is about to be done, or a prohibited oath that he or another person has proposed, taken or administered, or not to disclose the meaning of such an oath;
(2)takes the oath referred to in paragraph (1) without having been compelled to do so.
Plea of Compulsion [A/65]§
142.

A person who has taken an oath as referred to in this Section shall not be able to plead in his defence that he was compelled to do so, unless within fourteen days after the oath, or, if he was prevented by force or illness, within fourteen days after the prevention ceased, he made a declaration before a police officer, by affidavit, of all that is known to him in the matter, including the name of the person who administered the oath to him or in whose presence he was sworn, and the place and time of the oath; a soldier on active service or a police officer may make such a declaration before his commanding officer.

Prohibited Military Training [A/66]§
143.
(a)One who does any of the following is liable to imprisonment for seven years:
(1)trains or instructs persons in the use of weapons or in the performance of military exercises, movements or operations, without the permission of the Government;
(2)is present at a meeting or assembly not held with the permission of the Government, for the purpose of training or instructing persons in the use of weapons or in the performance of military exercises, movements or operations.
(b)One who trains or practises in the use of weapons or in the performance of military exercises, movements or operations within a meeting or assembly that has convened without the permission of the Government, or who is present thereat for the purpose of training or practising, is liable to imprisonment for three years.
Weapons Offences§
144.
(a)One who possesses a weapon without lawful authority to possess it is liable to imprisonment for seven years; however, in respect of an essential part of a weapon — the penalty is imprisonment for five years, and in respect of a part, accessory or ammunition as referred to in paragraphs (1) or (2) of the definition of "weapon" that is not an essential part of a weapon (in this section — a non-essential part of a weapon), the penalty is imprisonment for three years.
(b)One who acquires, carries or transports a weapon without lawful authority to acquire, carry or transport it is liable to imprisonment for ten years; however, in respect of an essential part of a weapon, the penalty is imprisonment for five years, and in respect of a non-essential part of a weapon, the penalty is imprisonment for three years.
(b1)Subsections (a) and (b) shall not apply to a person who committed the offences solely by reason of not having renewed his licence or his authorisation certificate, all in accordance with the Firearms Law, 5709-1949, or the Regulations made thereunder.
(b2)One who manufactures, imports or exports a weapon, or deals in it, or carries out any other transaction involving the transfer of possession of a weapon to another, whether for consideration or without consideration, without lawful authority to carry out such an act, is liable to imprisonment for fifteen years.
(b3)One who is lawfully authorised to sell or transfer a weapon and sells or transfers it to a person not lawfully authorised to possess it is liable to imprisonment for fifteen years; if the seller or transferor believed, as a result of negligent examination, that he was selling or transferring a weapon to a person lawfully authorised to possess it — the penalty is imprisonment for three years.
(c)In this section, "weapon" —
(1)a device capable of firing a bullet, missile, shell, bomb or the like, having the capacity to kill a person, and includes a part, accessory and ammunition of such a device;
(2)a device capable of discharging a substance intended to harm a person, including a part, accessory and ammunition for such a device and including a container that contains or is capable of containing such a substance, but excluding a tear-gas container as defined in the Firearms Law, 5709-1949;
(3)ammunition, a bomb, a grenade or any other explosive object having the capacity to kill or harm a person, including a part of any of these.

"essential part of a weapon" — a part or accessory as referred to in paragraphs (1) or (2) of the definition of "weapon" that constitutes the body, barrel, tube, assembly or anvil of a weapon.

(c1)For the purposes of this section —
(1)it is immaterial whether at the time the offence was committed the weapon was functional or not;
(2)the burden of proof lies on the person who claims lawful authority.
(d)Where a weapon is found in a place, the occupier of the place shall be deemed to be in possession of the weapon, unless the contrary is proved.
(e)A certificate signed by a police officer of the rank of inspector or above, certifying that a particular object is a weapon, shall serve as evidence of the matter, unless the contrary is proved; however, the accused is entitled to summon the signatory of the certificate for cross-examination, and if the accused has done so, the certificate shall not serve as evidence unless the signatory responds to the summons; the court is obliged to inform the accused of his right to summon the signatory of the certificate for cross-examination.
(f)This section does not derogate from any other provision of law.
(g)Where a person has been convicted of an offence under subsection (a) first passage, (b) first passage, (b2) or (b3) first passage, his sentence shall not be less than one quarter of the maximum penalty prescribed for that offence, unless the court has decided, for special reasons to be recorded, to impose a lighter sentence; a sentence of imprisonment under this subsection shall not, in the absence of special reasons, be entirely suspended.
(h)Where a person has been convicted of an offence under subsection (b2), the court shall order, unless it sees fit not to do so for special reasons that it shall specify, that in addition to any other penalty, all property that is any of the following shall be forfeited to the State Treasury:
(1)property that served or was intended to serve as a means for the commission of the offence or that served or was intended to serve to enable the commission of the offence;
(2)property that was obtained, directly or indirectly, as a reward for the offence or as a result of the commission of the offence, or that was designated for such purpose.
(i)Where a person has been convicted of an offence under subsection (b2) and one of the following applies, the court may determine, upon application by a prosecutor, that the convict led a way of life based on the use of proceeds of crime:
(1)the offence was committed in respect of more than one weapon;
(2)within the six years preceding conviction for that offence, the convict was convicted of an additional offence under subsection (b2);
(3)the offence was committed in connection with a crime organisation as defined in the Combating Criminal Organisations Law, 5763-2003;
(4)the value of the proceeds of the offence is NIS 50,000 or more.
(j)Where the court has determined as referred to in subsection (i), it shall order in the sentence that in addition to any other penalty, all property of the convict that was obtained through an offence under subsection (b2) shall be forfeited to the State Treasury, unless it sees fit not to do so for special reasons that it shall specify, and the provisions of section 31(6) of the Dangerous Drugs Ordinance [New Version], 5733-1973, shall apply mutatis mutandis.
(k)The provisions pursuant to sections 36a(c) to (f), 36b to 36g and 36i of the Dangerous Drugs Ordinance [New Version], 5733-1973, shall apply mutatis mutandis to the forfeiture of property under this section, with the following modifications:
(1)in section 36b(a) —
(a)in paragraph (1), instead of "under sections 6 or 13" read "under section 144(b2) of the Penal Law, 5737-1977";
(b)in paragraphs (2) and (3), wherever appearing, instead of "drug transaction offence" read "offence under section 144(b2) of the Penal Law, 5737-1977";
(2)in section 36g, instead of "as referred to in sections 36a or 36b" read "as referred to in section 144(h)(2) of the Penal Law, 5737-1977".

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