Penal Law, 5737-1977
חוק העונשין, תשל"ז-1977
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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Chapter X: Bodily Offences
Section A: Causing Death
(Repealed — תשע״ט־3)
(Repealed — תשנ״ה־3)
Murder [a/214, 215]§
(Repealed — תשע״ט־3)
(Repealed — תשע״ט־3)
Murder in Aggravated Circumstances§
"criminal organisation" — as defined in the Combating Criminal Organisations Law, 5763-2003;
"terrorist organisation" — a terrorist organisation as defined in the Counter-Terrorism Law, 5776-2016, and also a declared terrorist organisation as defined in that Law.
Killing in Circumstances of Diminished Responsibility§
Killing by Recklessness§
One who causes the death of a person by recklessness is liable to twelve years' imprisonment.
Incitement or Assistance to Suicide [A/225] [5726]§
One who brings a person to suicide by incitement or advice, or who assists a person to commit suicide, is liable to twenty years' imprisonment.
Infanticide [A/226(1), (2)] [1939, 5726]§
Causing Death by Negligence§
One who causes the death of a person by negligence is liable to three years' imprisonment.
Attempt to Murder [A/222] [5726]§
One who does any of the following is liable to twenty years' imprisonment:
(Repealed — תש״ם־7)
(Repealed — תשע״ט־3)
From When a Person [A/220]§
From the time an infant has issued entirely alive from the womb of its mother it is regarded as a person for the purposes of this Section.
Causing Death — What Constitutes [A/219]§
In each of the cases enumerated below, a person shall be regarded as though he caused the death of another person, even if his act or omission was neither the immediate cause nor the sole cause of the death of the other:
(Repealed — תשנ״ה־3)
Concealment of Birth [A/227] [5726]§
One who endeavours to conceal the fact of the birth of a child by secretly disposing of the dead body of the child, whether the child died before, during or after birth, is liable to one year's imprisonment.
Life Imprisonment That Is Not a Mandatory Sentence§
Notwithstanding the provisions of section 41, in respect of an offence under this Section for which the penalty is life imprisonment and it has not been prescribed that such imprisonment is a mandatory sentence, the court may impose life imprisonment for an indeterminate period or imprisonment for a period not exceeding thirty years.
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Contact Us →Section B: Termination of Pregnancy
Definitions [XIII/1]§
In this Section —
"recognised medical institution" means an institution or clinic that the Minister of Health has recognised as a medical institution for the purposes of this Section and notice thereof has been published in Reshumot (Official Gazette);
"gynaecologist" means a licensed physician who holds a specialist title in obstetrics and gynaecology conferred upon him under the Physicians Ordinance [New Version], 5737-1976 (hereinafter in this Section — the Ordinance), or a licensed physician who is specialising, for the purpose of obtaining that title, in a recognised medical institution under the supervision of a physician holding the said title.
Prohibition on Termination of Pregnancy [XIII/2]§
One who knowingly terminates the pregnancy of a woman, whether by medical treatment or by any other means, is liable to five years' imprisonment or a fine of fifty thousand liras.
Termination of Pregnancy with Approval [XIII/3]§
A gynaecologist shall not bear criminal responsibility for terminating the pregnancy of a woman if all of the following have been fulfilled:
Committee [XIII/4]§
Approval for the purposes of section 314 shall be granted by a committee of three; its members shall be appointed, in a recognised medical institution that is a registered hospital as referred to in section 25 of the Public Health Ordinance, 1940 — by the director of the institution, and in any other recognised medical institution — by the Minister of Health or by a person authorised by him for that purpose; and the composition of the committee shall be as follows:
At least one member of the committee shall be a woman.
Approval [XIII/5]§
Termination of Pregnancy in Special Cases [XIII/6]§
A licensed physician shall not bear criminal responsibility for terminating the pregnancy of a woman if any of the following has been fulfilled, provided that a reasoned written notice thereof is given to the Director General of the Ministry of Health within five days after the act:
Conscientious Objection or Medical Discretion [XIII/7]§
Nothing in the granting of approval under this Section shall oblige a gynaecologist to terminate the pregnancy of a woman if doing so is contrary to his conscience or his medical discretion.
Non-application [XIII/8]§
Section 22 shall not apply to an offence under this Section.
Defence to Liability [XIII/9]§
A woman upon whom an offence was committed contrary to this Section shall not bear criminal responsibility in connection with that offence.
Implementation and Regulations [XIII/11]§
The Minister of Health is charged with the implementation of this Section and may — in consultation with the Minister of Justice and with the Health Committee of the Knesset — make Regulations for its implementation, including in the following matters:
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Contact Us →Section C: Responsibility for a Person's Welfare
Responsibility for Helpless Persons [a/228]§
A person who has responsibility for another person who, by reason of that person's age, illness, mental impairment, detention, or any other cause, is unable to release himself from that responsibility and is unable to provide for his own needs — whether the responsibility originates in a contract or in law or arose by reason of a lawful or unlawful act of the person responsible — is under a duty to provide for that person's subsistence needs and to care for his health, and shall be deemed to have caused any consequences that befell the life or health of that person by reason of his failure to fulfil his said duty.
Duty of Parent or Person Responsible for a Minor§
A parent or a person who has responsibility for a minor in his household is under a duty to provide for that minor's subsistence needs, to care for his health, and to prevent abuse of him, bodily harm to him, or any other harm to his welfare and health, and shall be deemed to have caused any consequences that befell the life or health of the minor by reason of his failure to fulfil his said duty.
(Repealed — תש״ם־7)
Duty of a Person Responsible for a Dangerous Act [a/231]§
A person who undertakes and carries out, other than under compulsion, medical or surgical treatment or any other lawful act that involves or may involve danger to a person's life or health is under a duty to have reasonable skill for that purpose and to act with reasonable care, and shall be deemed to have caused any consequences that befell a person's life or health by reason of his failure to fulfil his said duty.
Duty of a Person Responsible for a Dangerous Thing [a/232] [5725]§
A person in whose responsibility or control there is a thing — whether living or inanimate, whether mobile or stationary — of a kind or in conditions capable of endangering a person's life, safety, or health if care and diligence are not exercised in its use or handling, is under a duty to take a reasonable measure of care and diligence to prevent the danger, and shall be deemed to have caused any consequences that befell a person's life or health by reason of his failure to fulfil his said duty.
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