Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.

Law

Penal Law, 5737-1977

חוק העונשין

Section C: Suspended Sentence

Suspended Imprisonment

52.

[Amendment: 1988-3, 2001|other=[XI/18]]

(a)Where a court has imposed a sentence of imprisonment, it may direct in the judgment that the sentence, in whole or in part, shall be suspended.

(b)(1) A person sentenced to suspended imprisonment shall not serve the sentence unless, during a period specified in the judgment, which shall not be less than one year and not more than three years (hereinafter – the period of suspension), the person commits one of the offences specified in the judgment and is convicted of such an offence (hereinafter – an additional offence) during or after the period of suspension.

(2)Where a person has been convicted of an electoral offence, the period of suspension in respect of an additional offence that is an electoral offence may exceed three years, provided it does not exceed five years; for the purposes of this paragraph, an "electoral offence" means –

(1)an offence under the Knesset and Prime Minister Elections Law [Consolidated Version], 5729–1969;

(2)an offence under the Local Authorities (Elections) Law, 5725–1965;

(3)an offence under the Elections (Methods of Propaganda) Law, 5719–1959.

(c)The period of suspension shall commence on the date the judgment is given, or if the convicted person is at that time serving a sentence of imprisonment – on the date of release from imprisonment; however, any period during which a prisoner is outside prison by reason of release on bail under Division B of Chapter 3 of the Criminal Procedure Law [Consolidated Version], 5742–1982, by reason of special leave, or under Division B1 of Chapter 6, shall be deemed a cumulative suspension period to be added to the period of suspension fixed by the court; all of the foregoing unless the court has directed otherwise.

(d)The specification of offences pursuant to subsection (b) may be made by designating a category of offences or by detailing particular offences, whether by way of description or by way of citation of statutory provisions; where a statutory provision was cited and that provision was subsequently repealed and replaced by another provision, the judgment shall be deemed to cite the replacement provision.

53.

[Amendment: 5764-5|after=[XI/19]]

[(Repealed).]

Imprisonment for an Additional Offence

54.

Where a court imposes a sentence of imprisonment for an additional offence, it shall not direct that such sentence be entirely suspended.

Activation of Suspended Imprisonment

55.

[Amendment: 5737-2|after=[XI/21]]

(a)Where a person sentenced to suspended imprisonment has been convicted of an additional offence, the court shall order the activation of the suspended imprisonment.

(b)In an order under subsection (a), the court may direct that the activation of the suspended imprisonment shall be subject to the outcome of any appeal against the conviction for the additional offence.

(c)An order under this section shall be made by the court that convicted the person of the additional offence, and it may be made by any judge of that court.

Extension of the Suspension Period

56.

[Amendment: 5748-3|after=[XI/22]]

(a)A court that has convicted a defendant of an additional offence and has not imposed on the defendant a sentence of imprisonment for that offence may, notwithstanding the provisions of Section 55 and in lieu of ordering the activation of the suspended imprisonment, order, for reasons that shall be recorded, the extension or renewal of the suspension period for an additional period not exceeding two years, if the court is satisfied that in the circumstances of the case it would not be just to activate the suspended imprisonment.

(b)The court shall not exercise the power under this section except in respect of the defendant's first conviction for an additional offence.

(c)Where the court extended the suspension period for an additional period before the expiry of the suspension period, the additional suspension period shall commence upon the expiry of the suspension period; where the court renewed the suspension period after the suspension period had expired, the additional suspension period shall commence on the date the judgment is given; all of the foregoing where the court has not directed otherwise.

Suspended Imprisonment Imposed by a Military Court

57.

For the purposes of Sections 54 to 56, a sentence of suspended imprisonment imposed by a military court within the meaning of the Military Justice Law, 5715–1955, shall have the same status as a sentence of suspended imprisonment imposed by a court, unless the court that convicted the person of the additional offence is of the opinion that the offence for which the military court imposed the suspended sentence of imprisonment was a military offence within the meaning of that Law.

Consecutive Terms of Imprisonment

58.

Where a person has had a sentence of imprisonment imposed upon them for an additional offence and the suspended sentence of imprisonment has been activated against them, that person shall, notwithstanding the provisions of Section 45, serve both terms of imprisonment consecutively, unless the court that convicted them of the additional offence ordered, for reasons that shall be recorded, that both terms or part thereof shall run concurrently.

Commencement of the Activated Imprisonment

59.

A person against whom a suspended imprisonment has been activated shall commence serving it on the date the activating order is made, unless the court has ordered that it shall commence on a different date.

Appeal

60.

(a)An order under Sections 55 to 59 is subject to appeal.

(b)An appeal against a conviction for an additional offence may include an appeal against such an order, if no separate appeal has been filed against it under this section.

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Section D: Fine

Rate of Fines

61.

[Amendment: 5740-4, 5742-2, [Regulations on Amendment of Fine Rates] | Other = [11/27]]

(a)Notwithstanding anything provided in any law, where a court has been empowered by law to impose a fine, it may impose —

(1)if the offence carries a penalty of imprisonment of up to six months, or a fine only, or a fine for which no amount has been prescribed — a fine of up to 14,400 New Shekels;

(2)if the offence carries a penalty of imprisonment of more than six months and not more than one year — a fine of up to 29,200 New Shekels;

(3)if the offence carries a penalty of imprisonment of more than one year and not more than three years — a fine of up to 75,300 New Shekels;

(4)if the offence carries a penalty of imprisonment of more than three years — a fine of up to 226,000 New Shekels.

(b)This Section shall not derogate from any provision empowering a court to impose fines in amounts exceeding those referred to in subsection (a), or from the provisions of Section 63.

(c)Where a law prescribes for a continuing offence a fine or an additional fine for each day of the offence, the court may impose, in lieu of that fine — a fine of up to 1,400 New Shekels.

(d)This Section does not purport to alter the amounts that a court is empowered to impose as a fine for non-compliance with an order relating to testimony or the production of documents, or for contempt of court.

62.

[Amendment: 1980-4, 1991-3 | other=[XI/28]]

[(Repealed).]

Fine According to Value of Damage or Benefit

63.

[Amendment: 1980-4, 1988-3 | other=[XI/29]]

(a)For an offence in which the accused intended to cause financial damage to another or to obtain a benefit for himself or another, the court may impose on the accused a fine of four times the value of the damage caused or of the benefit obtained by the offence, or the fine prescribed by legislation, whichever is the greater.

(b)Where a person has been convicted of an offence and received something as a reward for its commission or as a means for its commission, the court may impose on him a fine of four times the value of that thing, or the fine prescribed by legislation, whichever is the greater.

(c)In determining the amount of the fine under this section, the court may take into account, inter alia, the effect that the payment of the fine will have on the accused's ability to compensate the injured party for the damage caused to him by the offence.

(d)The determination of the fine according to the value of the damage caused or the benefit derived shall be as of their value on the day the offence was committed or on the day the court's decision is given, whichever is the greater.

Updating of Fines

64.

[Amendment: 1980-4, 1982-2 | other=[XI/30]]

(a)The Minister of Justice may, by Order, alter the rates of fines prescribed in any law, in accordance with changes that have occurred in the index since the index published in the month in which they were last set.

(b)Fine rates shall not be increased under this section before six months have elapsed from the date of the previous increase.

(c)In this section —

"index" — the consumer price index published by the Central Bureau of Statistics;

"fines" — including ceilings for fines that the law empowers to prescribe, and including the ceiling for compensation referred to in Section 77.

65.

[Amendment: 1980-4 | other=[XI/31]]

[(Repealed).]

Time for Payment of Fine

66.

[Amendment: 1980-4, 2024 | other=[XI/32]]

(a)A fine that has been imposed shall be paid immediately; however, the court may order that the fine be paid within a period it has set and on conditions it has set; and it may prescribe that on the amount of the fine whose payment has been deferred, or on part thereof, shekel interest as referred to in Section 67(b) shall be added in respect of the period of deferral.

(b)Where the court has determined that the fine shall be paid in instalments, the provisions of Section 71 shall apply with respect to each and every instalment.

Fine Not Paid on Time

67.

[Amendment: [1973], 1980-4, 1980-9, 1982-2, 1990-4, 2001-7, 2024 | other=[XI/32a]]

(a)A fine that has not been paid, in whole or in part, by the prescribed time, shall be subject to a late payment surcharge at the rate of 30 percent of the fine or of the unpaid portion thereof, as the case may be (hereinafter — "the late payment surcharge").

(b)On a fine that has not been paid by the prescribed time, in whole or in part, shekel interest and late payment fees shall be added during the period of delay until its payment, and the provisions of the Interest and Indexation Law, 5721–1961, shall apply with the necessary modifications; in this Division, "late payment fees" and "shekel interest" — as defined in the Interest and Indexation Law.

(c)The prescribed time for the purposes of this section is as stated in Section 66, and if the fine was imposed in the absence of the accused or his defence counsel — thirty days from the day on which notice of the judgment was sent by post to the accused or was served upon him in the manner in which documents may be served under law.

Collection of the Late Payment Surcharge

68.

[Amendment: [1973], 2024 | other=[XI/32b]]

(a)For the purposes of collection, the late payment surcharge shall have the same status as the fine; however, Section 71 shall not apply to the late payment surcharge.

(b)Any amount paid or collected on account of a fine to which a late payment surcharge has been added shall be credited first against the late payment surcharge.

Exemption from Payment of Late Payment Surcharge, Shekel Interest and Late Payment Fees

69.

[Amendment: [1973], 2024 | other=[XI/32c]]

(a)The court or the Registrar may exempt a person, upon his application, from payment of the late payment surcharge, the shekel interest and the late payment fees, in whole or in part, if satisfied that there were reasonable grounds for the non-payment of the fine or part thereof by the prescribed time.

(b)The application for exemption shall be in writing and shall be supported by an affidavit attesting to the facts set out therein; the court or the Registrar may decide on the application on the basis of the affidavit alone or in the presence of the applicant alone.

(c)A decision of the court or the Registrar is subject to appeal as any other decision of that court in a civil matter, if leave to appeal has been granted by the decision-maker.

Collection of Fines

70.

[Amendment: 1980-4 | other=[XI/33]]

A fine that has not been paid on time shall be subject, with respect to its collection, to the provisions of the Tax Ordinance (Collection) — as though it were a tax within the meaning of that Ordinance.

Imprisonment in Lieu of Fine

71.

[Amendment: [1973], 1980-4, 1988-3, 1994-3, 1995, 2000-3, 2003-5, 2006, 2007-2 | other=[XI/34]]

(a)A court sentencing a person to a fine may impose on him imprisonment of up to three years in the event that the fine, in whole or in part, is not paid on time, provided that the period of imprisonment in lieu of a fine shall not exceed the period of imprisonment prescribed for the offence in respect of which the fine was imposed; where the offence carries a penalty of a fine only, or where the offence was one of strict liability as referred to in the latter part of Section 22(a), the period of imprisonment in lieu of the fine shall not exceed one year.

(b)[(Repealed).]

(c)Where a person has served imprisonment pursuant to sub-section (a), he shall not be liable to pay the fine and the surcharge; where he has served part of the period of imprisonment, he shall not be liable to pay the proportionate part of the fine corresponding to the period for which he served imprisonment, and the surcharge he will be liable to pay shall be calculated according to that part of the fine for which he did not serve imprisonment.

(d)Where imprisonment has been imposed pursuant to sub-section (a) and, before the end of the period of imprisonment, part of the fine has been paid, the period shall be reduced in proportion to the ratio between the amount paid and the total fine.

(e)A person upon whom imprisonment has been imposed for non-payment of a fine shall serve it in addition to any other imprisonment, including imprisonment for non-payment of another fine, whether the other imprisonment was imposed in the same trial or in another trial, unless the court has directed otherwise.

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Section D1: Community Service

Community Service

71a.

[Amendment: 5739-2]

(a)A court that has convicted a person and has not imposed upon him a sentence of actual imprisonment may, in lieu of any other punishment or in addition thereto, order him by order to perform, during his leisure hours and without remuneration, an act or service for the benefit of the public or others (hereinafter in this Division – community service), for a period, for a number of hours, and in accordance with a programme, all as the court shall determine in the order; such an order shall hereinafter be called a "service order".

(b)Where a court has found that an accused committed an offence, it may make a service order even without a conviction, in addition to or without probation, and having done so, the service order shall, for the purposes of Section 9 of the Probation of Offenders Ordinance [New Version], 5729–1969, have the same effect as a probation order.

(c)A court shall not make a service order unless it is satisfied, on the basis of a report by a probation officer, that arrangements have been made pursuant to a detailed programme that will enable the convicted person to perform the service.

(d)A court may prescribe in a service order such directions and conditions as it deems necessary to ensure the performance of the service and the supervision of its performance by the convicted person.

(e)The court shall explain to the convicted person in plain language the meaning of the order, the purpose of the service and its particulars, and shall warn him that if he fails to comply with the order he will be liable to the consequences referred to in Section 71d; the court shall not make a service order unless the convicted person has expressed his willingness to comply with the provisions of the order.

(f)Community service shall be under the supervision of a probation officer, who may enlist the assistance of others for that purpose.

Duration of Service Order and Its Variation

71b.

[Amendment: 5739-2]

(a)The period of validity of a service order shall not exceed one year; however, the court may extend it for special reasons that shall be recorded, provided that the quota of work hours shall not exceed the quota of hours originally imposed upon the convicted person.

(b)The court that made a service order may – upon the application of a probation officer or upon the application of the convicted person – reconsider the order, vary it, prescribe new directions therein, or revoke any of its directions, all as it deems just in the circumstances of the matter.

Obligations of the Person Bound to Perform Service

71c.

[Amendment: 5739-2]

A person ordered to perform community service pursuant to this Division shall perform the service imposed upon him by the order, in accordance with the terms thereof, and shall comply with the directions of the probation officer designated by the court or of any person appointed by such officer for that purpose, in all matters relating to the service.

Breach of Service Order

71d.

[Amendment: 5739-2, 5764-4]

Where it has been proved to the satisfaction of the court that made the service order that the convicted person has failed to comply with the service order, the court may –

(1)if the service order was made without a conviction – revoke the service order, convict him, and sentence him for the offence on account of which the service order was made (in this Section – the original offence);

(2)if the service order was made following a conviction without any additional punishment – revoke the service order and impose upon him a punishment for the original offence in lieu of the service order;

(3)if the service order was made following a conviction in addition to another punishment – revoke the service order and impose upon him an additional punishment for the original offence in lieu of the service order, taking into account, among other things, any punishment already imposed upon him for the original offence.

Regulations

71e.

[Amendment: 5739-2]

The Minister of Labour and Welfare may, in consultation with the Minister of Justice and with the approval of the Constitution, Law and Justice Committee of the Knesset, make Regulations for the implementation of this Chapter [should read: this Division], including, inter alia, with respect to the reimbursement of expenses connected with the performance of the community service.

Status of the Person Performing the Service

71f.

[Amendment: 5739-2]

A person ordered to perform community service pursuant to this Division shall not be regarded as an employee of the person for whom or through whom he performs the service.

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