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 F: Harm to Foreign Relations

Harm to Foreign Relations

121.

(a)One who conspires to commit an act against a friendly State or its representatives, or against an organization or institution of States or their representatives, where such act was capable of harming an interest that Israel has in maintaining relations between it and a State, organization, or institution as aforesaid — is liable to seven years' imprisonment.

(b)Notwithstanding anything provided in any law, one who commits a criminal act with intent to harm the relations between Israel and a State, organization, or institution as referred to in sub-section (a), or an interest that Israel has therein — is liable to ten years' imprisonment; and if the penalty for such an offence, even without proof of the intent referred to in this sub-section, is seven years' imprisonment or more, the penalty shall be life imprisonment.

(c)In this Section, "friendly State" means a State that maintains diplomatic or commercial relations with Israel, or that permits Israeli citizens to visit its territory.

Recruitment into Foreign Forces

122.

(a)An Israeli citizen who volunteers to serve in the armed forces of a foreign State is liable to three years' imprisonment; and an Israeli citizen who served in the armed forces of a foreign State shall be deemed to have volunteered to serve, unless the contrary is proven.

(b)One who recruits in Israel a resident of Israel into the armed forces of a foreign State, where the recruiter is not an official representative of that State and the person recruited is not a citizen thereof — is liable to five years' imprisonment.

(c)A person shall not bear criminal liability under this Section for an act done with authorization pursuant to law, or pursuant to an agreement between Israel and another State or an international institution or organization, or with authorization granted on behalf of the Government, whether in respect of that person, or that act, or generally.

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Section F1: Impairment of State Sovereignty through Import or Export of Goods at Borders

Section G: Procedural Provisions

Indictment

123.

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

Detention upon Application of the Attorney General

124.

[Amendment: 5756-5|other=[d/34]]

(a)A justice of the Supreme Court may, upon application of the Attorney General, order the detention of a person suspected of an offence under Divisions B or D for a period to be determined or extended by the Court, not exceeding thirty days at any one time and not exceeding four months in the aggregate.

(b)[(Repealed).]

(c)With respect to detention under this Section, the powers referred to in Division 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 justice of the Supreme Court designated for that purpose.

Ordinary Detention

125.

[Amendment: 5743, 5756-5|other=[d/35]]

(a)Notwithstanding the provisions of the Criminal Procedure Law (Enforcement Powers – Arrests), 5756–1996, a senior police officer may order the detention of a person suspected of an offence under Divisions B or D for a period of fifteen days before the person is brought before a judge; prior to issuing the detention order, or within forty-eight hours after its issuance, the officer shall hear the suspect.

(b)A person detained as referred to in sub-section (a) may also be held in a place of detention designated by the Minister of Defense, notice of which has been given to the Minister of Justice; such detention shall be subject to the conditions prescribed in Regulations under Section 3 of the Emergency Powers (Detentions) Law, 5739–1979.

Police Search in an Emergency

126.

Where the Inspector General of the Police, or a senior police officer authorized by him for that purpose, is satisfied that there is sufficient grounds to believe that an offence under Sections 111 or 112 has been committed, or that an offence under one of those Sections is about to be committed, and is of the opinion that the matter admits of no delay and that the security of the State requires immediate action, he may issue to a police officer a written instruction signed by him to conduct a search in connection with that offence; such instruction shall have the same force, for all purposes, as a search warrant issued by a justice of the Magistrate's Court pursuant to the Ordinance, provided that such instruction shall be confirmed by a judge within three days after its issuance.

Military Search in an Emergency

127.

Where the commander of a military unit holding the rank of Major or above is satisfied that there is sufficient grounds to believe that an offence under Sections 111, 112 or 115 has been committed, and is of the opinion that the matter admits of no delay and that the security of the State requires immediate action, and where it is not possible to act pursuant to Section 126, he may issue to a soldier a written instruction signed by him to conduct a search of a person's body and belongings in connection with that offence; such instruction shall have the same force, for all purposes, as a search warrant issued by a justice of the Magistrate's Court pursuant to the Ordinance, provided that no search under this Section shall be conducted in a dwelling; such instruction shall be confirmed by a justice of the Magistrate's Court or by the President of a District Military Court within three days after its issuance.

Confidentiality of Proceedings

128.

Where the court hearing a trial for an offence under Divisions B or D is of the opinion that the security of the State requires the maintenance of confidentiality to a degree not achievable by means available under any other law, it may order —

(1)that the accused or defense counsel shall not be present at a particular proceeding or shall not inspect a particular piece of evidence;

(2)that the court shall sit, at a particular proceeding, at a location outside the court building;

(3)that anything said or any evidence adduced at 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 satisfied that the accused will have a full defense, including defense counsel appointed by the court or chosen by the accused in place of the counsel who is to be absent or who is not to inspect the evidence as aforesaid.

Instruments of Offence

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 in committing the offence be forfeited to the State Treasury, even if the offender's ownership of the property has not been proved.

(b)A person claiming a right in property forfeited pursuant to sub-section (a) who was not a party to the offence may, within one year from the date of the forfeiture order or within any additional period specified therein for that purpose, apply to the court that made the forfeiture order to cancel the forfeiture and to order delivery of the property to its owner; if the property is no longer in existence, the court may, if satisfied that there was negligence or misconduct in its safekeeping, order the State Treasury to pay damages in an amount to be determined; if the property has been sold, the proceeds of the sale shall stand in its place.

(c)The procedural rules for proceedings under sub-section (b) shall be prescribed by Regulations.

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Section H: Miscellaneous

Preservation of Laws

130.

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

Extraterritorial Offenses

131.

[Amendment: 5739-3|other=[D/41]]

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

Implementation

132.

The Minister of Justice is charged with the implementation of this Chapter.

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Chapter VIII: Offenses against Public Order and Society

Section A: Sedition

Acts of Sedition

133.

One who performs an act for the purpose of sedition, or attempts, prepares, or conspires with another to perform such an act, is liable to imprisonment of five years.

Seditious Publications

134.

[Amendment: 5748-3|other=[a/59(1)(b–c), (2)]]

(a)One who publishes, prints, or reproduces a publication that is capable of causing sedition is liable to imprisonment of five years, and the publication shall be forfeited.

(b)One who imports a publication that is capable of causing sedition is liable to imprisonment of five years, and the publication shall be forfeited, unless the person had no grounds to assume that the publication was capable of causing sedition.

(c)One who possesses, without lawful excuse, a publication that is capable of causing sedition is liable to imprisonment of one year, and the publication shall be forfeited.

Limitations on Prosecution and Conviction

135.

[Amendment: 5763-4|other=[a/59(3–5)]]

(a)No criminal proceeding shall be brought for an offence under Sections 133 or 134 except within one year from the day 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 Sections 133 or 134 on the basis of a single witness without corroboration of that witness's testimony.

Sedition — Definition

136.

For the purposes of this Division, "to cause sedition" means any one of the following:

(1)To bring about hatred, contempt, or disloyalty toward the State or its lawfully established authorities of government or justice;

(2)To incite or provoke the inhabitants of the land to attempt, by unlawful means, to procure the alteration of any matter established by law;

(3)To arouse discontent or dissatisfaction among the inhabitants of the land;

(4)To promote ill-will and hostility between different sections of the population.

Truth Is No Defence

137.

[Amendment: 5748-3|other=[a/60(4)]]

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

Lawful Criticism and Propaganda

138.

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

(1)To show that the Government has been misled or has erred in any action it has taken;

(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 system of government and justice, with a view to the remedying of such errors or defects;

(3)To persuade citizens or inhabitants of the State to attempt, by lawful means, to procure the alteration of any matter established by law;

(4)To point out, with a view to their removal, matters that promote or are likely to promote ill-will or feelings of hostility between different sections of the population.

Defence in Publications by an Agent

139.

[Amendment: 5748-3|other=[a/61]]

In a prosecution for a publication alleged to be capable of causing sedition that was published by an agent, it shall be a good defence for the principal that the publication was made without the principal's authority, consent, or knowledge, and not through any lack of proper care or caution on the principal's part, and that the principal did everything within their power to assist in the discovery of the identity of those responsible for its making and publication.

Oath to Commit a Serious Offence

140.

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

(1)Administers to another person an oath or an undertaking equivalent to an oath (both referred to in this Division 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 taking it to commit an offence punishable by death, life imprisonment, or imprisonment of twenty years, or to bind that person to participate in an act of insurrection or rebellion;

(2)Takes the oath referred to in paragraph (1) without having been compelled to do so.

Oath to Commit Another Offence

141.

[Amendment: [5726]|other=[a/64]]

One who does any of the following is liable to imprisonment of 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 taking it to any of the following:

(2)Takes the oath referred to in paragraph (1) without having been compelled to do so.

Plea of Compulsion

142.

A person who has taken an oath as referred to in this Division shall not be entitled to plead in their defence that they were compelled to do so, unless, within fourteen days after the taking of the oath, or — if prevented by force or illness — within fourteen days after the prevention has ceased, that person made a declaration by affidavit before a police officer setting out everything known to them in the matter, including the name of the person who administered the oath or in whose presence it was taken and the place and time of the oath; a soldier on active service or a police officer may make such a declaration before their commanding officer.

Prohibited Military Training

143.

(a)One who does any of the following is liable to imprisonment of seven years:

(b)One who trains or drills in the use of arms or in the performance of military exercises, movements, or operations, within an assembly or gathering that has convened without the permission of the Government, or who is present thereat for the purpose of training or drilling, is liable to imprisonment of three years.

Weapons Offences

144.

[Amendment: [5732], 5740-7, 5751-3, 5782, 5783-2, 5783-6, 5785-3|other=[a/66a(a)–(e), (g)]]

(a)One who possesses a weapon without lawful authority to possess it is liable to imprisonment of seven years; however, in respect of an essential part of a weapon — the penalty is imprisonment of 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 of three years.

(b)One who acquires, carries, or transports a weapon without lawful authority to acquire, carry, or transport it is liable to imprisonment of ten years; however, in respect of an essential part of a weapon, the penalty is imprisonment of five years, and in respect of a non-essential part of a weapon, the penalty is imprisonment of three years.

(b1)Sub-sections (a) and (b) shall not apply to a person who committed the offences solely because they did not renew their licence or authorisation certificate, all as provided under 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 perform such an act, is liable to imprisonment of fifteen years.

(b3)One who is lawfully authorised to sell or transfer a weapon and sells or transfers it to a person who is not lawfully authorised to possess it is liable to imprisonment of fifteen years; if the seller or transferor believed, as a result of negligent examination, that they were selling or transferring the weapon to a person lawfully authorised to possess it — the penalty is imprisonment of three years.

(c)In this Section,

"weapon" —

"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 frame of a firearm.

(c1)For the purposes of this Section —

(d)Where a weapon is found in a place, the person in control of that 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 that fact unless the contrary is proved; however, the accused is entitled to summon the signatory of the certificate for cross-examination, and if the accused does so, the certificate shall not serve as evidence unless the signatory responds to the summons; the court is obliged to inform the accused of the right to summon the signatory for cross-examination.

(f)This Section shall not derogate from the provisions of any law.

(g)[(Temporary provision from 8.12.2021 to 8.12.2024 and from 9.1.2025 to 31.12.2026):] Where a person has been convicted of an offence under sub-section (a) first part, (b) first part, (b2), or (b3) first part, the sentence shall not be less than one quarter of the maximum penalty prescribed for that offence, unless the court has decided, for special reasons that shall be recorded, to impose a more lenient sentence; a sentence of imprisonment under this sub-section shall not, in the absence of special reasons, be entirely suspended.

(h)Where a person has been convicted of an offence under sub-section (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:

(i)Where a person has been convicted of an offence under sub-section (b2) and one of the following conditions is met, the court may determine, upon the application of a prosecutor, that the convicted person maintained a way of life based on the use of proceeds of crime:

(j)Where the court has so determined as provided in sub-section (i), it shall order in the sentencing judgment that, in addition to any other penalty, all property of the convicted person obtained through an offence under sub-section (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 in this regard with the necessary modifications.

(k)The provisions of Sections 36a(c) through (f), 36b through 36g, and 36i of the Dangerous Drugs Ordinance [New Version], 5733–1973, shall apply to the forfeiture of property under this Section, with the necessary modifications and with the following modifications:

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

← Prev 1…7 8 9…19 Next →

Page 8 of 19