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Law

Penal Law, 5737-1977

חוק העונשין

Section E: Undertaking to Refrain from Committing an Offense

Undertaking to Abstain from an Offence

72.

[Amendment: 5770-4|after=[XI/35]]

(a)A court that has convicted a person may, in addition to the punishment imposed, order that the convicted person give an undertaking to abstain from committing an offence within a period to be set by the court, not exceeding three years.

(b)Where a court has determined that an accused committed an offence but has not convicted the accused, it may order that the accused give an undertaking to abstain from committing an offence within a period to be set by the court, not exceeding one year.

(c)An undertaking referred to in this Section shall be in an amount not exceeding the amount of the Fine that may be imposed for the offence of which the convicted person was convicted or which was determined to have been committed, as the case may be, and shall be with or without sureties, all as the court shall order.

73.

[Amendment: 5770-4|after=[XI/36]]

[(Repealed).]

Imprisonment for Failure to Give an Undertaking

74.

[Amendment: 5770-4|after=[XI/37]]

Where a court has ordered a person pursuant to Section 72 to give an undertaking to abstain from committing an offence, the court may compel that person to comply with the order and to give the undertaking by imposing upon that person Imprisonment for a period not exceeding three months.

Appeal

75.

[Amendment: 5770-4|after=[XI/38]]

An order made pursuant to Sections 72 or 74 is subject to Appeal as though it were a sentence of Imprisonment for three months.

Collection of Undertaking Amounts

76.

[Amendment: 5763-7, 5770-4|after=[XI/39]]

Where a person has given an undertaking pursuant to Section 72 to abstain from committing an offence, and thereafter a court has convicted that person of the offence in respect of which the undertaking was given, or has determined that the person committed the said offence but has not convicted the person, the court that convicted or so determined shall order payment of the undertaking amount; if the undertaking amount is not paid, that amount shall have the same status as a Fine and the provisions of Sections 66 to 70 shall apply to it, and in respect of an undertaking imposed upon a person pursuant to Section 72(a) — the provisions of Section 71 shall also apply.

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Section F: Compensation and Costs

Compensation

77.

[Amendment: 1980-4, 1982-2, 1988-3, 2004-2, [Regulations – Change of Fine Rates], 2012-2 | Other=[11/40]]

(a)Where a person has been convicted, the court may order that person, in respect of each offence of which he was convicted, to pay to the person harmed by the offence a sum not exceeding 258,000 New Shekels as compensation for the damage or suffering caused to that person.

(b)The determination of compensation under this Section shall be based on the value of the damage or suffering caused, on the day the offence was committed or on the day the decision on compensation is given, whichever is greater.

(c)For the purposes of collection, compensation under this Section shall have the same status as a fine; any sum paid or collected on account of a fine that carries with it an obligation to pay compensation shall first be credited toward the compensation.

(d)Where a court has ordered that compensation which the accused has been directed to pay under this Section be paid in instalments, and the accused has failed to pay any one instalment on its due date, the outstanding balance shall become immediately payable.

Compensation Order as Judgment

78.

[Amendment: 1988-3 | Other=[11/41]]

A compensation order made under Section 77 shall, for the purposes of an appeal by the accused against it, have the same status as a judgment of that same court given in a civil action by the person entitled thereto against the person obligated thereby; in an appeal against the judgment that gave rise to the compensation order, an appeal against the order itself may also be included.

Court Costs

79.

Where a person has been convicted, the court may order that person to pay court costs, including witnesses' expenses, in an amount determined by the court; for the purposes of appeal and for the purposes of Sections 66 to 71, court costs with which a person has been charged under this Section shall be treated as if they were a fine.

Defence Costs from the State Treasury

80.

[Amendment: [1971], [1975], 1980-4, 1995 | Other=[11/43]]

(a)In proceedings that were initiated otherwise than by way of complaint, where the court finds that there was no basis for the charge, or where it finds other circumstances that justify doing so, it may order that the State Treasury pay to the accused his defence costs and compensation for his detention or imprisonment in connection with the charge of which he was acquitted, or in connection with a charge that was withdrawn pursuant to Section 94(b) of the Criminal Procedure Law [Consolidated Version], 5742–1982, in such amount as the court sees fit; in proceedings conducted by a complainant, the court may impose such payment upon the complainant.

(b)The Minister of Justice may prescribe by Regulations, with the approval of the Constitution, Law and Justice Committee of the Knesset, maximum amounts for the costs and compensation referred to above.

(c)A decision of the court under this Section is subject to appeal as a judgment in criminal proceedings.

Defence Costs Against the Complainant

81.

(a)Where the court has acquitted the accused after finding that the complaint which gave rise to the proceedings was filed frivolously, for the purpose of vexation, or without foundation, it may, after affording the complainant a reasonable opportunity to present arguments on the matter, order the complainant to pay the accused's defence costs and the prosecution's costs, as determined by the court.

(b)For the purposes of an appeal against an order made under subsection (a), the complainant shall have the same status as a convicted accused, and for the purposes of the collection of such costs, the order therefor shall be treated as a judgment of that same court given in a civil action in favour of the person entitled thereto against the complainant.

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Section G: Community Treatment

Treatment of Drug Users

82.

[Amendment: 1989, 1995-2]

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

Conditions for a Probation Order with Treatment

83.

[Amendment: 1989, 1996-4]

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

(1)the convicted person has consented to undergo treatment and has understood the conditions and nature of the treatment;

(2)the condition of the convicted person warrants treatment and the convicted person is suitable for treatment;

(3)arrangements have been made that will enable the convicted person to receive the treatment in accordance with a detailed programme set out in a probation officer's report concerning the type, nature, and duration of the treatment.

Regulations

84.

[Amendment: 1989]

(a)The Minister of Labor and Welfare, in consultation with the Minister of Justice, the Minister of Police, and the Minister of Health, may make regulations for the implementation of this Division.

(b)The Minister of Health, in consultation with the Minister of Justice and the Minister of Labor and Welfare, may make regulations concerning medical treatment facilities and methods of medical treatment.

(c)Regulations made under this Section shall require the approval of the Constitution, Law and Justice Committee of the Knesset.

Further Extension of the Suspension Period

85.

[Amendment: 1989, 1995-2]

(a)Notwithstanding the provisions of Section 56(b), a court that has convicted a person who is undergoing treatment for drug users, or who has completed such treatment, may exercise its power under Section 56 more than once, if it is satisfied that it would not be just to activate the suspended sentence of imprisonment because there is a prospect of the person's rehabilitation, that activation of the suspended sentence would cause him serious harm, and that there is no risk to public safety by reason of the extension of the suspension period.

(b)Before deciding upon a further extension of the suspension period, the court shall request a probation officer's report on the accused, on the state of his progress in treatment, and also, if he is receiving treatment at an institution, on the institution in which he is being treated.

(c)A further extension of the suspension period under this Section shall be accompanied by a probation order as referred to in this Division and subject to the conditions set out therein; the provisions of Section 56(c) shall apply to the further extension.

(d)For the purposes of this Section —

"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 the said Law.

Treatment of Domestic Violence

86.

[Amendment: 1989, 1996-4]

(a)Where a defendant has been convicted and the court is satisfied that the defendant habitually acts with violence toward a family member, the court may impose upon the defendant, by order, a probation under which the offender shall undergo community treatment in accordance with a program directed by the court; and the court may make such an order if it has found that the defendant committed the offense but has not convicted the defendant.

(b)For the purposes of this Section –

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

(1)a spouse, a parent or a spouse of a parent, a parent of a spouse or the spouse of such parent, a grandparent, a descendant or a descendant of a spouse, a brother or sister, a brother-in-law or sister-in-law, an uncle or aunt, a nephew or niece;

(2)a minor or a helpless person for whom the offender is responsible, as defined in the definition of "person responsible for a minor or a helpless person" in Section 368a;

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

Application of Provisions

86a.

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

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Section H: Miscellaneous

Proceedings in a Community Court

86b.

[Amendment: 5782-4]

[(Temporary provision for five years from 1.8.2022):]

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

(1)notwithstanding the provisions of Section 56(b), exercise its power under Section 56 more than once, if it is satisfied that there is no risk to public safety by reason of the extension of the condition;

(2)notwithstanding the provisions of Section 76, extend the period of the undertaking imposed upon the convicted person under Section 72, or renew it for a period to be determined, which shall not exceed two years.

Postponement of Dates

87.

(a)Where a date has been set for the execution of a sentence, whether under one of the provisions of this Chapter or by the court pursuant thereto, the court may postpone the execution to another date.

(b)Where the execution of a sentence has been postponed under subsection (a), the court may postpone it once more for special reasons that shall be recorded.

(c)A court postponing the execution of a sentence under this Section may make the postponement conditional upon the provision of a surety and upon such other conditions as it sees fit; the provisions of Sections 38 to 40 and 44 of the Criminal Procedure Law, 5725–1965, shall apply, with the necessary modifications, to a surety provided pursuant to this provision.

(d)A decision of the court under this Section is subject to appeal.

Civil Liability Preserved

88.

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

Application

89.

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

Implementation and Regulations

90.

The Minister of Justice is responsible for the implementation of this Chapter and may enact Regulations on any matter relating to its implementation.

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Chapter VI1: Provisions for the Adaptation of Criminal Law

Interpretation of the Law Regarding the Mental Element of an Offense

90a.

[Amendment: 1995-3]

Wherever in a legislative enactment enacted before the commencement of the Criminal Law Ordinance (Amendment No. 39) (Preliminary Part and General Part), 5754–1994 [(on 23.8.1995)] (in this Chapter – Criminal Law Amendment No. 39), and in which the mental element of an offense is expressed by the term –

(1)"malice" or "maliciously" – the mental element required for the commission of the offense shall be awareness as set out in Section 20(a) opening passage, and with respect to a consequence of the act that is among the particulars of the offense – also recklessness;

(2)"intentionally" – where the term does not relate to a consequence of the act that is among the particulars of the offense, the term shall be interpreted as the motive from which the act was done or as the purpose of achieving an objective as specified in the offense, according to the context;

(3)"knowingly" or a term of similar meaning – the term shall be interpreted as criminal intent as set out in Section 20(a);

(4)"has grounds to assume" or an expression of similar meaning – the expression shall be interpreted as a person who suspected, as set out in Section 20(c)(1);

(5)"negligence" – the term shall be interpreted as negligence as set out in Section 21.

Punishment for a Negligence Offense

90b.

[Amendment: 1995-3]

Wherever in a legislative enactment enacted before the commencement of Criminal Law Amendment No. 39 [(on 23.8.1995)], and in which the mental element required for the commission of the offense is negligence, and for that offense a punishment of Imprisonment exceeding three years has been prescribed – the punishment for that offense shall be Imprisonment of three years.

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Chapter VII: State Security, Foreign Relations and Official Secrets

Part 3B: Offenses

Section A: General Provisions

Definitions and Interpretation

91.

[Amendment: 5739|other=[d/1]]

In this Chapter –

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

"terrorist organization" – an organization whose aims or activities are directed at the eradication of the State, or at harming the security of the State, the security of its inhabitants, or Jews in other countries;

"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 signaling, and including causing delivery; where reference is made to the doing of an act with a particular intent, it means doing or omitting to do an act with that intent without lawful authority.

Conspiracy and Attempt

92.

Conspiracy or attempt to commit an offense under this Chapter shall be punishable in the same manner as the commission of the offense itself.

Duress and Necessity

93.

[Amendment: 5737-2|other=[d/3]]

The defense under Sections 21 or 22 shall not serve as grounds for exemption from criminal liability for an offense under Sections 97, 98, 99, 107, 112, or 113(b); however, it may serve as grounds for mitigation of punishment.

Additional Defense

94.

An act shall not be regarded as an offense under this Chapter if a bona fide intent is implied from it, or if it was done in good faith with the intent to bring about, by means not unlawful under law, a change in the order of the State or in the actions of any of its authorities, or in the order of a foreign state or in the actions of any of its authorities, or in the order of an institution or organization of states or in their actions.

Concealment of an Offense

95.

(a)A person who knows that another person intends to commit or has committed an offense under this Chapter punishable by imprisonment of fifteen years or a more severe punishment, and who did not act in a reasonable manner to prevent its commission, completion, or consequences, as the case may be, shall be liable to imprisonment for seven years.

(b)The provisions of this Section are in addition to the provisions of Section 262 and shall not derogate therefrom.

(c)The provisions of this Section shall not apply to a spouse, parent, descendant, brother, or sister of a person who intended to commit or committed an offense as aforesaid.

Death Penalty

96.

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

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