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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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Chapter X: Bodily Offences

Section A: Causing Death

298.§

(Repealed — תשע״ט־3)

299.§

(Repealed — תשנ״ה־3)

Murder [a/214, 215]§
300.
(a)One who intentionally or recklessly causes the death of a person is liable to life imprisonment.
(b)One who has been convicted of murder under section 2(f) of the Nazi and Nazi Collaborators (Punishment) Law, 5710-1950, is liable to death.
300a.§

(Repealed — תשע״ט־3)

301.§

(Repealed — תשע״ט־3)

Murder in Aggravated Circumstances§
301a.
(a)One who intentionally or recklessly causes the death of a person in any of the circumstances set out below is liable to life imprisonment and to that punishment alone:
(1)the act was done after planning or after a genuine process of deliberation and forming a decision to kill;
(2)the act was done with the purpose of enabling or facilitating the commission of another offence, or with the purpose of concealing the commission of another offence, or of enabling escape from justice after the commission of the other offence; for this purpose, "another offence" — an offence punishable by seven years' imprisonment or more;
(3)the victim was a witness in criminal proceedings or was expected to give testimony in criminal proceedings or was a judge in criminal proceedings, and the act was done with the purpose of preventing or frustrating an investigation or legal proceedings;
(4)the act was done out of a motive of racism or hostility towards a public, as referred to in section 144f;
(5)the act was done as a punitive action with the purpose of imposing dominion or fear and of coercing patterns of behaviour upon a public;
(6)the victim is the offender's spouse and the act was done after systematic or sustained abuse of the victim, physical or psychological;
(7)the act was done with particular cruelty, or involving physical or psychological abuse of the victim;
(8)the victim is a helpless person, a minor who has not yet reached the age of 14 years, or a minor for whom the offender is responsible; in this paragraph, "helpless person" — as defined in section 368a, and "responsible" — responsible for a minor or helpless person as defined in that section;
(9)the act was carried out while creating a real danger to the life of another person in addition to the victim;
(10)the act is a terrorist act as defined in the Counter-Terrorism Law, 5776-2016;
(11)the act was carried out in the framework of the activity of a criminal organisation or a terrorist organisation and for the purpose of advancing the objectives of that organisation; in this paragraph —

"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.

(b)Notwithstanding the provisions of subsection (a), where an aggravating circumstance as referred to in that subsection is present, but the court has found, for special reasons that shall be recorded, that special circumstances exist by reason of which the act does not express a particularly grave degree of culpability, the court may convict the accused of an offence under section 300.
(c)Notwithstanding the provisions of subsection (a), one who intentionally causes the death of a person with the aim of negating the existence of the State of Israel, in circumstances as referred to in subsection (a)(10), is liable to death or life imprisonment, and to one of those punishments alone.
Killing in Circumstances of Diminished Responsibility§
301b.
(a)Notwithstanding the provisions of sections 300 and 301a, one who intentionally or with indifference causes the death of a person, where the act was committed when the accused was in a state of severe mental distress as a result of serious and prolonged abuse of the accused or of a family member by the person whose death the accused caused, is liable to fifteen years' imprisonment.
(b)Notwithstanding the provisions of sections 300 and 301a, one who intentionally or with indifference causes the death of a person in any of the circumstances set out below is liable to twenty years' imprisonment:
(1)the act was carried out immediately after provocation directed at the accused and in response to that provocation, provided that both of the following are met:
(a)as a result of the provocation the accused found it considerably difficult to control himself;
(b)the said difficulty referred to in sub-paragraph (a) is such as to mitigate the accused's culpability, having regard to the totality of the circumstances of the matter;
(2)the act was done in circumstances in which, by reason of a serious mental disorder or by reason of a deficiency in his intellectual capacity, the accused's ability was considerably limited, but not to the extent of a genuine incapacity as referred to in section 34h —
(a)to understand what he is doing or the wrongfulness of his act; or
(b)to refrain from committing the act;
(3)the act was done in circumstances in which the accused's act deviated only marginally from the scope of a defence to liability under sections 34j, 34k or 34l, and the circumstances of the matter are such as to mitigate his culpability.
(c)Notwithstanding the provisions of sections 300 and 301a, one who caused the death of a person and is regarded as having acted with indifference pursuant to sections 34a(a)(1), 34i(b) or 34n(b) opening passage, is liable to twenty years' imprisonment.
Killing by Recklessness§
301c.

One who causes the death of a person by recklessness is liable to twelve years' imprisonment.

Incitement or Assistance to Suicide [A/225] [5726]§
302.

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]§
303.
(a)A woman who wilfully, by act or omission, caused the death of her child who had not reached the age of twelve months, and at the time of the act or omission was in a state of impaired judgment because she had not yet fully recovered from the effects of childbirth or because of the effects of nursing after childbirth, is, notwithstanding that the offence would otherwise constitute murder or manslaughter in the circumstances, liable to five years' imprisonment.
(b)Nothing in this section shall derogate from the power of a court to convict a person charged with the murder of a child who had not reached the age of twelve months of the offence of manslaughter or of concealment of birth, or to determine that the person bears no criminal responsibility by reason of insanity or deficiency in intellectual capacity under section 19.
Causing Death by Negligence§
304.

One who causes the death of a person by negligence is liable to three years' imprisonment.

Attempt to Murder [A/222] [5726]§
305.

One who does any of the following is liable to twenty years' imprisonment:

(1)unlawfully attempts to cause the death of a person;
(2)unlawfully does an act, or unlawfully omits to do an act that it is his duty to do, with intent to cause the death of a person, and the act or omission is by its nature likely to endanger human life.
306.§

(Repealed — תש״ם־7)

307.§

(Repealed — תשע״ט־3)

From When a Person [A/220]§
308.

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]§
309.

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:

(1)he caused bodily harm necessitating medical or surgical treatment and the treatment caused the death of the injured person, and it is immaterial whether the treatment was erroneous, provided it was carried out in good faith and with ordinary knowledge and skill; if it was not so carried out, the person who caused the harm shall not be regarded as having caused the death of the injured person;
(2)he caused bodily injury that would not have resulted in the death of the injured person had the injured person obtained proper medical or surgical treatment or had the injured person exercised sufficient care in his manner of living;
(3)by violence or by threats of violence he brought a person to do an act that caused the death of that person, where the act appeared to the victim as a natural way, in the circumstances of the case, to escape from the violence or the threats;
(4)by his act or omission he accelerated the death of a person suffering from a disease or injury that would have caused his death even without that act or omission;
(5)his act or omission would not have caused death but for its combination with an act or omission of the person who was killed or of another person.
310.§

(Repealed — תשנ״ה־3)

Concealment of Birth [A/227] [5726]§
311.

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§
311a.

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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Section B: Termination of Pregnancy

Definitions [XIII/1]§
312.

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]§
313.

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]§
314.

A gynaecologist shall not bear criminal responsibility for terminating the pregnancy of a woman if all of the following have been fulfilled:

(1)the termination of the pregnancy was performed in a recognised medical institution;
(2)prior approval was given in accordance with section 316.
Committee [XIII/4]§
315.

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:

(1)a licensed physician who holds a specialist title under the Ordinance in obstetrics and gynaecology;
(2)an additional licensed physician whose practice is in one of the following fields: obstetrics and gynaecology, internal medicine, psychiatry, family medicine, public health;
(3)a person registered as a social worker under the Welfare Services Law, 5718-1958.

At least one member of the committee shall be a woman.

Approval [XIII/5]§
316.
(a)The committee may, after the woman's informed consent has been obtained, grant approval for the termination of the pregnancy if it finds that there is justification therefor by reason of any of the following:
(1)the woman is below the age of marriage, or has reached the age of forty years;
(2)the pregnancy results from prohibited relations under criminal law or from incestuous relations, or it is out of wedlock;
(3)the child is likely to have a physical or mental defect;
(4)continuation of the pregnancy is likely to endanger the woman's life or to cause her physical or mental harm;
(5)(Repealed)
(b)For the purposes of this section, a woman's "informed consent" to the termination of her pregnancy means her consent in writing after the physical and mental risks involved in the termination of the pregnancy have been explained to her; for this purpose the consent of a minor does not require the approval of her representative.
(c)The committee shall not refuse to grant approval before it has given the woman an opportunity to appear before it and to submit her reasons to the committee.
(d)The approval shall be in writing and shall set out the reason justifying the termination of the pregnancy.
Termination of Pregnancy in Special Cases [XIII/6]§
317.

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:

(1)there was an immediate need to terminate the pregnancy in order to save the woman's life or to prevent serious irreparable harm to her;
(2)the termination of the pregnancy occurred in the course of other medical treatment of the woman's body and the fact of the pregnancy was not known to the physician prior thereto and its termination was required for that medical treatment.
Conscientious Objection or Medical Discretion [XIII/7]§
318.

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]§
319.

Section 22 shall not apply to an offence under this Section.

Defence to Liability [XIII/9]§
320.

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]§
321.

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:

(1)conditions for the approval of a medical institution as a recognised institution, the procedure for granting such approval, its period of validity, its renewal and its revocation;
(2)the procedure for granting approvals under section 316.

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Section C: Responsibility for a Person's Welfare

Responsibility for Helpless Persons [a/228]§
322.

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§
323.

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.

324.§

(Repealed — תש״ם־7)

Duty of a Person Responsible for a Dangerous Act [a/231]§
325.

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]§
326.

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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