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 D: Offenses in and against Public Service

Coercion by a Public Servant

277.

[Amendment: [1944]|other=[a/109b]]

A public servant who does any of the following is liable to imprisonment of three years:

(1)uses, or orders the use of, force or violence against a person in order to extort from that person, or from another person in whom that person has an interest, a confession of an offence or information concerning an offence;

(2)threatens a person, or orders that a person be threatened, with harm to that person's body or property, or to the body or property of another in whom that person has an interest, in order to extort from that person a confession of an offence or information concerning an offence.

Public Servant with a Private Interest

278.

[Amendment: [1946], [1966]|other=[a/110]]

A public servant who, by virtue of his office, has judicial or administrative authority in respect of property of a particular kind or in respect of engagement in industry, commerce or business of a particular kind, and who exercises such authority in relation thereto, whether personally or through another, while having, directly or indirectly, a private interest therein, is liable to imprisonment of three years.

False Claims by a Public Servant

279.

A public servant who is required or authorised to submit a report or notice concerning an amount that he or another demands, or concerning another matter requiring authorisation for the purpose of receiving money or goods, and who submits such report or notice knowing it to be false in a material particular, is liable to imprisonment of three years.

Abuse of Office

280.

[Amendment: [1946], [1966]|other=[a/112]]

A public servant who does any of the following is liable to imprisonment of three years:

(1)by abusing his authority, does or orders the doing of an arbitrary act that prejudices the right of another;

(2)enters the dwelling of a person against that person's will, where he is not permitted to do so by law, or otherwise than in accordance with the procedures prescribed therefor by law.

False Certificate

281.

[Amendment: [1966]|other=[a/113]]

A person who is authorised or required by law to issue a certificate that may affect the rights of a person and who issues it knowing it to be false in a material particular is liable to imprisonment of five years.

Personation of a Person in Authority

282.

A person who does any of the following is liable to imprisonment of three years:

(1)purports to act as the holder of a judicial office, not being the holder of such office;

(2)purports to act as a person authorised by law to administer an oath or to receive a declaration or to perform any other act of an official character that only a person authorised by law may perform, not having such authorisation;

(3)represents himself as a person authorised by law to sign a certificate attesting to the contents of a register or record held by a lawful authority, or attesting to a fact or event, and signs such certificate as a person so authorised, knowing that he is not so authorised.

Impersonation of a Public Servant

283.

A person who does any of the following is liable to imprisonment of three years:

(1)impersonates a public servant, where that public servant is required by virtue of his position to perform an act or to be present;

(2)falsely represents himself as a public servant and, purporting by virtue of that position, performs an act or is present at a place for the purpose of performing an act.

Fraud and Breach of Trust

284.

A public servant who, in the performance of his duties, commits an act of fraud or breach of trust that prejudices the public, even if the act would not have constituted an offence had it been committed against an individual, is liable to imprisonment of three years.

Failure to Perform an Official Duty

285.

A public servant who wilfully refrains from performing a duty imposed upon him by law is liable to imprisonment of three years, unless the performance of that duty involved a danger greater than that which a person of ordinary strength and courage could be expected to endure.

Breach of a Statutory Duty

286.

A person who wilfully contravenes a provision of a legislative enactment, by doing an act prohibited under that enactment or by refraining from doing an act required under that enactment, and the matter is of public concern, is liable to imprisonment of two years; provided that no contrary intention with respect to punishment for its contravention appears from that enactment.

Breach of a Lawful Order

287.

[Amendment: 1988-3, 2002-7|other=[a/143]]

(a)A person who contravenes an order lawfully given by a court or by an officer or person acting in an official capacity and authorised in the matter is liable to imprisonment of two years.

(b)A person who contravenes any provision of an order given by a court for the purpose of protecting the life, body or wellbeing of another person from that person is liable to imprisonment of four years.

Insulting a Public Servant

288.

A person who insults, by gestures, words or acts, a public servant, or a judge or official of a religious court, or a member of a commission of inquiry under the Commissions of Inquiry Law, 5729–1969, while they are performing their duties or in connection with the performance of their duties, is liable to imprisonment of six months.

Obstruction of a Public Servant

288a.

[Amendment: 1980-7]

A person who does any of the following is liable to imprisonment of one year:

(1)knowingly obstructs a public servant or a person authorised to perform the functions of a public servant in the performance of his duties under law;

(2)fails to comply with an obligation imposed upon him by a legislative enactment to provide information or a document.

Incitement to Withhold Compulsory Payments

289.

A person who incites a person or a group of persons not to pay, or to delay, a compulsory payment announced by the Government in the Official Gazette, whether the incitement is express or implied, whether by spoken or written words or by signs or visual displays, or by other means, is liable to imprisonment of six months; and the same applies to a person who does an act with the intent to bring, or knowing that it is likely to bring, those means of incitement, directly or indirectly in any form, to the knowledge of a person or of a group of persons.

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Section E: Bribery Offenses

Taking a Bribe

290.

[Amendment: [5724], [5730], 5768-5, 5770-3|after=[b/1]]

(a)A public servant who takes a bribe for an act connected with his duties is liable to ten years' imprisonment or a fine being one of the following, whichever is higher:

(b)In this Section, "public servant" — includes an employee of a corporation that provides a service to the public.

Giving a Bribe

291.

[Amendment: [5724], 5770-3|after=[b/3]]

One who gives a bribe to a public servant as defined in Section 290(b) for an act connected with his duties is liable to seven years' imprisonment or a fine as stated in Section 290(a).

Giving a Bribe to a Foreign Public Servant

291a.

[Amendment: 5768-5, 5770-6]

(a)One who gives a bribe to a foreign public servant for an act connected with his duties, in order to obtain, secure or advance a business activity or any other advantage in relation to a business activity, shall be treated as one who gives a bribe under Section 291.

(b)No indictment shall be filed for an offence under this Section except with the written consent of the Attorney General.

(c)In this Section —

"foreign state" — includes any governmental unit within the foreign state, including a national, district or local unit, and including a political entity that is not a state, including the Palestinian Council;

"foreign public servant" — any one of the following:

Bribery in Competitions

292.

[Amendment: [5731]|after=[b/3a]]

(a)One who gives a bribe with the intent to influence the holding, conduct or results of a sports competition or any other competition in which the public has an interest in the holding thereof or in the results thereof, is liable to three years' imprisonment.

(b)The taker of the bribe shall be liable as the giver of the bribe.

Forms of Bribery

293.

[Amendment: [5724]|after=[b/4]]

It is immaterial in respect of a bribe —

(1)whether it was money, money's worth, a service or any other benefit;

(2)whether it was for doing or for refraining, delaying, expediting, slowing, preferring or discriminating against;

(3)whether it was for a specific act or in order to incline toward favouritism in general;

(4)whether it was for an act of the taker himself or for his influence over the act of another person;

(5)whether it was given directly by the giver or through another person; whether it was given to the taker or to another person on behalf of the taker; whether in advance or after the fact; and whether the one who benefited from the bribe was the taker or another person;

(6)whether the taker's role was one of authority or of service; whether it was permanent or temporary, and whether general or for a specific matter; whether its performance was remunerated or unremunerated, whether voluntarily or in fulfilment of a duty;

(7)whether it was taken in order to deviate from proper conduct in the performance of his duties or for an act that the public servant was obliged to perform by virtue of his duties.

Additional Provisions

294.

(a)One who solicits or conditions a bribe, even if his request is not granted, shall be treated as one who takes a bribe.

(b)One who offers or promises a bribe, even if it is refused, shall be treated as one who gives a bribe.

(c)One who is a candidate for a position even though it has not yet been assigned to him, and one who has been assigned a position even though he has not yet begun performing it, shall be treated as one who holds the position.

(d)In a trial for bribery the court shall not entertain a plea —

Bribery Intermediation and Prohibited Consideration for a Person of Significant Influence

295.

[Amendment: [5723], [5724], [5731], 5766-4, 5768-5|after=[b/6]]

(a)One who receives money, money's worth, a service or any other benefit in order to give a bribe shall be treated as if he were taking a bribe; and it is immaterial whether or not consideration was given to him or to another for his intermediation, and whether or not he intended to give a bribe.

(b)One who receives money, money's worth, a service or any other benefit in order to induce, himself or through another, a public servant as referred to in Section 290(b) or a foreign public servant as referred to in Section 291a(c) to show favouritism or to discriminate, shall be treated as if he were taking a bribe.

(b1)

(1)A person who has significant influence over the selection of a candidate for the position of Prime Minister, Minister, Deputy Minister, Member of Knesset or head of a local authority (in this sub-section — a candidate), who receives money, money's worth, a service or any other benefit in order to induce, himself or through another, a candidate to perform an act connected with his duties, is liable to three years' imprisonment; if he received as aforesaid in order to induce a candidate to show favouritism or to discriminate, he shall be treated as if he were taking a bribe.

(c)One who gives money, money's worth, a service or any other benefit to a recipient as referred to in sub-sections (a) or (b) shall be treated as one who gives a bribe, and one who gives to a recipient as referred to in sub-section (b1) is liable to half the penalty prescribed in that sub-section.

(d)For the purposes of this Section, "receipt" — includes receipt on behalf of another or through another.

Evidence

296.

In a trial for an offence under this Division, the court may convict on the basis of a single witness's testimony, even if that testimony is the testimony of an accomplice to the offence.

Forfeiture and Restitution

297.

(a)Where a person has been convicted of an offence under this Division, the court may, in addition to the penalty it imposes —

(b)This Division does not preclude a civil claim.

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Chapter X: Offenses against the Person

Section A: Causing Death

298.

[Amendment: [1966], 2019-3|after=[a/212, a/213]]

[(Repealed).]

299.

[Amendment: 1995-3|after=[a/217]]

[(Repealed).]

Murder

300.

[Amendment: [1954], 2019-3|after=[a/214, a/215, yd]]

(a)One who intentionally or recklessly causes the death of a person — the penalty is life imprisonment.

(b)One who has been convicted of murder pursuant to Section 2(f) of the Nazis and Nazi Collaborators (Punishment) Law, 5710–1950 — the penalty is death.

300a.

[Amendment: 1995-5, 2019-3]

[(Repealed).]

301.

[Amendment: 2019-3|after=[a/216]]

[(Repealed).]

Murder in Aggravated Circumstances

301a.

[Amendment: 2019-3, 2026]

(a)One who intentionally or recklessly causes the death of a person under any of the circumstances listed below — the penalty is life imprisonment, and that penalty alone:

(b)Notwithstanding the provisions of sub-clause (a), where an aggravating circumstance as referred to in that sub-clause is present, but the court finds, for special reasons that shall be recorded, that special circumstances exist by virtue of which the act does not reflect a particularly grave degree of culpability, the court may convict the accused of an offence under Section 300.

Killing in Circumstances of Diminished Responsibility

301b.

[Amendment: 2019-3]

(a)Notwithstanding the provisions of Sections 300 and 301a, one who intentionally or recklessly causes the death of a person, where the act was committed while the accused was in a state of severe psychological distress as a result of serious and prolonged abuse of the accused or of a family member of the accused, by the person whose death the accused caused — the penalty is fifteen years' imprisonment.

(b)Notwithstanding the provisions of Sections 300 and 301a, one who intentionally or recklessly causes the death of a person under any of the circumstances listed below — the penalty is twenty years' imprisonment:

(c)Notwithstanding the provisions of Sections 300 and 301a, one who caused the death of a person and is regarded as having committed the act recklessly pursuant to Sections 34a(a)(1), 34i(b) or 34n(b) opening passage — the penalty is twenty years' imprisonment.

Killing by Negligence

301c.

[Amendment: 2019-3]

One who causes the death of a person by negligence — the penalty is twelve years' imprisonment.

Incitement or Assistance to Suicide

302.

[Amendment: [1966]|after=[a/225]]

One who brings a person to commit suicide, by incitement or advice, or who assists a person to commit suicide — the penalty is twenty years' imprisonment.

Infanticide

303.

[Amendment: [1939], [1966], 1978-4|after=[a/226 (1–2)]]

(a)A woman who wilfully, by act or omission, caused the death of her child who had not yet reached the age of twelve months, and at the time of the act or omission was in a state of disturbed judgment, owing to her not having fully recovered from the effects of giving birth or owing to the effects of lactation following the birth — notwithstanding that the offence would, by reason of the circumstances, amount to murder or manslaughter, the penalty is five years' imprisonment.

(b)Nothing in this section shall derogate from the power of the court to convict a person charged with the murder of a child who had not yet 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 mental incapacity pursuant to Section 19.

Causing Death by Negligence

304.

[Amendment: 1995-3|after=[a/218]]

One who negligently causes the death of a person — the penalty is three years' imprisonment.

Attempt to Murder

305.

[Amendment: [1966]|after=[a/222]]

One who does any of the following — the penalty is 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 one's 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.

[Amendment: 1980-7|after=[a/223]]

[(Repealed).]

307.

[Amendment: 2019-3|after=[a/224]]

[(Repealed).]

Person — From When

308.

[Amendment: 2019-3|after=[a/220]]

From the moment a child has been born entirely alive from its mother's womb, it shall be considered a person for the purposes of this Division.

Causing Death — Definition

309.

In each of the cases enumerated below, a person shall be regarded as having caused the death of another person, even if that person's act or omission was neither the proximate cause nor the sole cause of the other's death:

(1)the person inflicted bodily harm requiring medical or surgical treatment and the treatment caused the death of the injured party, and it is immaterial whether the treatment was erroneous, provided it was administered in good faith and with ordinary knowledge and skill; if it was not so administered, the person who inflicted the harm shall not be regarded as having caused the death of the injured party;

(2)the person caused bodily injury that would not have resulted in the death of the injured party had the injured party sought proper medical or surgical treatment or had the injured party exercised sufficient care in the conduct of their life;

(3)the person, by violence or by threats of violence, brought a person to do an act that caused that person's death, where the act appeared to the victim to be a natural way in the circumstances of the case to escape from the violence or the threats;

(4)the person's act or omission accelerated the death of a person suffering from a disease or injury that would have caused that person's death even without such act or omission;

(5)the person's act or omission would not have caused death but for the concurrent act or omission of the person killed or of another person.

310.

[Amendment: 1995-3|after=[a/221]]

[(Repealed).]

Concealment of Birth

311.

[Amendment: [1966]|after=[a/227]]

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 — the penalty is one year's imprisonment.

Life Imprisonment Not a Mandatory Sentence

311a.

[Amendment: 2019-3]

Notwithstanding the provisions of Section 41, in respect of an offence under this Division for which the penalty is life imprisonment and it has not been prescribed that such penalty is mandatory, the court may impose life imprisonment for an indeterminate period or imprisonment for a period not exceeding thirty years.

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