Israel - Revision history

IBJadmin: /* Resources */

2025-03-06T15:16:26Z

Resources

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	- Hotline for Refugees and Migrants. Rights of Migrants in Detention. Available at: https://hotline.org.il/en/rights-of-migrants-in-israel-en/rights-of-migrants-in-detention.		- Hotline for Refugees and Migrants. Rights of Migrants in Detention. Available at: https://hotline.org.il/en/rights-of-migrants-in-israel-en/rights-of-migrants-in-detention.

	~~- Military Court Watch. Juvenile Justice in Israeli Military Courts. Available at: https://www.militarycourtwatch.org/page.php?id=RyO5OsFMaZa27579A0cctVm0lxd.~~

	- Oxford University Press. Studies in Israeli Legal History. Available at: https://academic.oup.com/edited-volume/41333/chapter/352355571.		- Oxford University Press. Studies in Israeli Legal History. Available at: https://academic.oup.com/edited-volume/41333/chapter/352355571.

IBJadmin: /* Resources */

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Resources

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	- Government of Israel. "Legal Aid Application." Available at: https://www.gov.il/en/service/legal_aid_application.		- Government of Israel. "Legal Aid Application." Available at: https://www.gov.il/en/service/legal_aid_application.

	~~- Israel Bar Association. "Legal Aid and Services." Available at: https://www.israelbar.org.il/english_inner.asp?pgId=75176&catId=372.~~

	- Schar Mitzvah – The Israel Bar Association Pro Bono Program. Available at: https://jerusalem.graceslist.org/directory/listing/schar-mitzvah-the-israel-bar-association-pro-bono-program.		- Schar Mitzvah – The Israel Bar Association Pro Bono Program. Available at: https://jerusalem.graceslist.org/directory/listing/schar-mitzvah-the-israel-bar-association-pro-bono-program.

IBJadmin: /* Rights in Prison */

2025-03-06T15:12:35Z

Rights in Prison

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	(A) Male and female prisoners shall be confined in separate parts of the prison in such manner as to prevent their seeing or conversing or holding any intercourse with each other.</ul>		(A) Male and female prisoners shall be confined in separate parts of the prison in such manner as to prevent their seeing or conversing or holding any intercourse with each other.</ul>



	<li>''Mentally Ill Prisoners:''		<li>''Mentally Ill Prisoners:''
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	The minister may appoint fit places, either within any prison or elsewhere, for custody and treatment of mentally ill persons.		The minister may appoint fit places, either within any prison or elsewhere, for custody and treatment of mentally ill persons.



	<li>'' Juveniles:''		<li>'' Juveniles:''

IBJadmin: /* Rights in Prison */

2025-03-06T15:12:02Z

Rights in Prison

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	<li>The age of criminal responsibility in Isreal is unclear, as children may be criminally prosecuted once they reach the age of 12, but minors are still considered to be anyone under the age of 18~~[29]~~. The result of this is that all cases concerning minors (those between the ages of 12 to 18) are specifically dealt through Juvenile Courts, heard by judges trained in juvenile judgements. These judges are appointed specifically to the position by the Supreme Court President on approval of the Minister of Justice. The focus of the Juvenile System is primarily rehabilitation, rather than punishment. </ul></ul>		<li>The age of criminal responsibility in Isreal is unclear, as children may be criminally prosecuted once they reach the age of 12, but minors are still considered to be anyone under the age of 18. The result of this is that all cases concerning minors (those between the ages of 12 to 18) are specifically dealt through Juvenile Courts, heard by judges trained in juvenile judgements. These judges are appointed specifically to the position by the Supreme Court President on approval of the Minister of Justice. The focus of the Juvenile System is primarily rehabilitation, rather than punishment. </ul></ul>
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IBJadmin: /* Rights in Prison */

2025-03-06T15:11:45Z

Rights in Prison

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	<ul><li>''Women:''		<ul><li>''Women:''
	<br>		<br>
	- Prisons Ordinance (New Version), 1971 - Article 2		<ul><li>Prisons Ordinance (New Version), 1971 - Article 2

	No person shall be admitted into a prison unless accompanied by a warrant of imprisonment or warrant of arrest; however, the child of a female prisoner may be admitted into a prison with its mother if it is at the breast and less than two years old.		No person shall be admitted into a prison unless accompanied by a warrant of imprisonment or warrant of arrest; however, the child of a female prisoner may be admitted into a prison with its mother if it is at the breast and less than two years old.
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	- Prisons Ordinance (New Version), 1971 - Article 10		<li> Prisons Ordinance (New Version), 1971 - Article 10

	(A) Male and female prisoners shall be confined in separate parts of the prison in such manner as to prevent their seeing or conversing or holding any intercourse with each other. .		(A) Male and female prisoners shall be confined in separate parts of the prison in such manner as to prevent their seeing or conversing or holding any intercourse with each other.</ul>


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	Prisons Ordinance (New Version), 1971 - Article 14		Prisons Ordinance (New Version), 1971 - Article 14

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	Prisons Ordinance (New Version), 1971 - Article 10		<ul><li>Prisons Ordinance (New Version), 1971 - Article 10

	(A) 1. Minor prisoners shall be separated from adult prisoners pursuant to the provisions of Section B34 of the Youth Law 1971.		(A) 1. Minor prisoners shall be separated from adult prisoners pursuant to the provisions of Section B34 of the Youth Law 1971.
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	Penal Law 1996 - Article 46		<li>Penal Law 1996 - Article 46

	(C) In determining the bail conditions of a minor, the judge will consider, among other things, his special needs as a minor.		(C) In determining the bail conditions of a minor, the judge will consider, among other things, his special needs as a minor.
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	The age of criminal responsibility in Isreal is unclear, as children may be criminally prosecuted once they reach the age of 12, but minors are still considered to be anyone under the age of 18[29]. The result of this is that all cases concerning minors (those between the ages of 12 to 18) are specifically dealt through Juvenile Courts, heard by judges trained in juvenile judgements~~[30]~~. These judges are appointed specifically to the position by the Supreme Court President on approval of the Minister of Justice. The focus of the Juvenile System is primarily rehabilitation, rather than punishment. </ul>		<li>The age of criminal responsibility in Isreal is unclear, as children may be criminally prosecuted once they reach the age of 12, but minors are still considered to be anyone under the age of 18[29]. The result of this is that all cases concerning minors (those between the ages of 12 to 18) are specifically dealt through Juvenile Courts, heard by judges trained in juvenile judgements. These judges are appointed specifically to the position by the Supreme Court President on approval of the Minister of Justice. The focus of the Juvenile System is primarily rehabilitation, rather than punishment. </ul></ul>
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IBJadmin: /* Court Procedures */

2025-03-06T15:06:59Z

Court Procedures

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	<ul><li>''Initial Court Appearance:''		<ul><li>''Initial Court Appearance:''
			Penal Law 1996 - Article 29
	- Penal Law 1996 - Article 29

	(A) A person arrested by the officer in charge under Section 27 shall be brought before a judge as soon as possible, and no later than 24 hours.		(A) A person arrested by the officer in charge under Section 27 shall be brought before a judge as soon as possible, and no later than 24 hours.

IBJadmin: /* Pre-Trial Procedure */

2025-03-06T15:06:20Z

Pre-Trial Procedure

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IBJadmin: /* Rights of the Accused */

2025-03-06T14:59:13Z

Rights of the Accused

IBJadmin: /* Source of Defendants Rights */

2025-03-06T14:54:28Z

Source of Defendants Rights

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	Basic Law: Human Dignity and Liberty 1992 - Article 2 - One should not violate the life, body, or dignity of a human being as such.		- Basic Law: Human Dignity and Liberty 1992 - Article 2 - One should not violate the life, body, or dignity of a human being as such.
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	Basic Law: Human Dignity and Liberty 1992 - Article 4 - Every human being is entitled to protection of his life, body and dignity.		- Basic Law: Human Dignity and Liberty 1992 - Article 4 - Every human being is entitled to protection of his life, body and dignity.
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	Basic Law: Human Dignity and Liberty 1992 - Article 5 - The liberty of a human being shall not be taken or restricted, by means of imprisonment, detention, extradition, or in any other manner.		- Basic Law: Human Dignity and Liberty 1992 - Article 5 - The liberty of a human being shall not be taken or restricted, by means of imprisonment, detention, extradition, or in any other manner.
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	<br>		<br>

IBJadmin at 14:22, 6 March 2025

2025-03-06T14:22:10Z

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	\|-		\|-
	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Israel </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Israel </h2>
	* ~~Constitution~~ of ~~Israel~~ <ref>~~hhttps~~://www.~~constituteproject~~.org/~~constitution~~/~~Hungary_2016~~		* Israeli Penal Law of 1996 <ref>https://www.refworld.org/legal/legislation/natlegbod/1996/en/93255
	</ref>		</ref>

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	<li>'''Right Against Unlawful Arrests, Searches and Seizures:'''		<li>'''Right Against Unlawful Arrests, Searches and Seizures:'''
	<br>		<br>
	Basic Law: Human Dignity and Liberty 1992 - Article 5 - The liberty of a human being shall not be taken or restricted, by means of imprisonment, detention, extradition, or in any other manner.		<ul><li>Basic Law: Human Dignity and Liberty 1992 - Article 5 - The liberty of a human being shall not be taken or restricted, by means of imprisonment, detention, extradition, or in any other manner.
	<br>		<br>


	Basic Law: Human Dignity and Liberty 1992 - Article 7		<li>Basic Law: Human Dignity and Liberty 1992 - Article 7
	<br>		<br>
	(A) Every person has a right to privacy and to intimacy in his life.		(A) Every person has a right to privacy and to intimacy in his life.
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	Penal Law 1996 - Article 72 - (A) A police officer may conduct a limited search of the body of a person who is detained, upon entering a vehicle used by the Israel Police or an ambulance, accompanied by a police officer, in order to seize a weapon or other object that may endanger the safety of a person or public security or that may assist in his escape, even without suspicion that the person is holding such an object, and the police officer may seize the object discovered during the search.		<li>Penal Law 1996 - Article 72 - (A) A police officer may conduct a limited search of the body of a person who is detained, upon entering a vehicle used by the Israel Police or an ambulance, accompanied by a police officer, in order to seize a weapon or other object that may endanger the safety of a person or public security or that may assist in his escape, even without suspicion that the person is holding such an object, and the police officer may seize the object discovered during the search.

	<br>		<br>

	‘Limited body search’ defined at the end of Article 72: - "A search of a person's body that does not include the removal of clothing that reveals body parts that were covered, except for removing a covering from the face or head or removing shoes, as well as a search of a person's clothing or belongings that he is carrying on his body or that are in his immediate vicinity and under his control, and excluding an external search or internal search as defined in the Criminal Procedure Law” <br>		<li>‘Limited body search’ defined at the end of Article 72: - "A search of a person's body that does not include the removal of clothing that reveals body parts that were covered, except for removing a covering from the face or head or removing shoes, as well as a search of a person's clothing or belongings that he is carrying on his body or that are in his immediate vicinity and under his control, and excluding an external search or internal search as defined in the Criminal Procedure Law” <br></ul>
	<br>		<br>
	<li>'''Right Against Unlawful Detention:'''		<li>'''Right Against Unlawful Detention:'''

	Penal Law 1996 - Article 1 - (A) There is no arrest or detention except by law or by virtue of an express authorization therein.		<ul><li>Penal Law 1996 - Article 1 - (A) There is no arrest or detention except by law or by virtue of an express authorization therein.
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	Penal Law 1996 - Article 7 - (A) No person or vehicle shall be detained for more than the reasonable time necessary, in the circumstances of the case, to carry out the action for which the authority to detain was granted. <br>		<li>Penal Law 1996 - Article 7 - (A) No person or vehicle shall be detained for more than the reasonable time necessary, in the circumstances of the case, to carry out the action for which the authority to detain was granted. </ul>
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	<li>'''Right Not to be Tortured or Ill-Treated:'''		<li>'''Right Not to be Tortured or Ill-Treated:'''
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	<ul><li>On the Presumption of Innocence and Due Process:		<ul><li>On the Presumption of Innocence and Due Process:
	<br>		<br>
	Penal Law 1996 - Article 1 -		<ul><li>Penal Law 1996 - Article 1 -

	(A) There is no arrest or detention except by law or by virtue of an express authorization therein		(A) There is no arrest or detention except by law or by virtue of an express authorization therein
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	Penal Law 1996 - Article 13 -		<li>Penal Law 1996 - Article 13 -

	(A) A judge shall not order the arrest of a person unless he is satisfied that there is reasonable suspicion that the person has committed an offence, which is not a sin, and one of the following grounds exists:		(A) A judge shall not order the arrest of a person unless he is satisfied that there is reasonable suspicion that the person has committed an offence, which is not a sin, and one of the following grounds exists:
			<br>
	<ul>1. There is reasonable basis for fear that the suspect's release or non-arrest will lead to disruption of investigation or trial proceedings, evasion from investigation or trial proceedings or serving a prison sentence, or will lead to the disappearance of property, influence on witnesses or damage to evidence in some other way;		1. There is reasonable basis for fear that the suspect's release or non-arrest will lead to disruption of investigation or trial proceedings, evasion from investigation or trial proceedings or serving a prison sentence, or will lead to the disappearance of property, influence on witnesses or damage to evidence in some other way;
			<br>
	2. There is reasonable basis for fearing that the suspect will endanger the safety of a person, public safety, or state security;		2. There is reasonable basis for fearing that the suspect will endanger the safety of a person, public safety, or state security;
			<br>
	3. The court is convinced, for special reasons to be recorded, that it is necessary to take investigative procedures that cannot be carried out except when the suspect is in custody; the court will not order detention on this ground for a period exceeding 5 days; if the court is convinced that the investigative procedure cannot be carried out within the aforementioned period, it may order detention for a longer period or extend it, provided that the total of all periods does not exceed 15 days.<~~/ul~~>		3. The court is convinced, for special reasons to be recorded, that it is necessary to take investigative procedures that cannot be carried out except when the suspect is in custody; the court will not order detention on this ground for a period exceeding 5 days; if the court is convinced that the investigative procedure cannot be carried out within the aforementioned period, it may order detention for a longer period or extend it, provided that the total of all periods does not exceed 15 days.
			<br>
	(B) A judge shall not order an arrest under subsection (a) if the purpose of the arrest can be achieved by setting bail and bail conditions that are less injurious to the suspect’s freedom.		(B) A judge shall not order an arrest under subsection (a) if the purpose of the arrest can be achieved by setting bail and bail conditions that are less injurious to the suspect’s freedom.
	<br>		<br>
	Penal Law 1996 - Article 31 - (B) If the detainee is not brought before a judge, as soon as possible, pursuant to subsection (a) or pursuant to section 29, as the case may be – the detainee shall be released.		<li>Penal Law 1996 - Article 31 - (B) If the detainee is not brought before a judge, as soon as possible, pursuant to subsection (a) or pursuant to section 29, as the case may be – the detainee shall be released.

	Penal Law 1996 - Article 32 - His right to be notified of his arrest, to a person close to him and to a lawyer, and his right to meet with a lawyer, all subject to the provisions of sections 34 to 36; as well as his right to be represented by a defense attorney as stated in section 15 of the Criminal Procedure Law or under the Public Defense Law […]		<li>Penal Law 1996 - Article 32 - His right to be notified of his arrest, to a person close to him and to a lawyer, and his right to meet with a lawyer, all subject to the provisions of sections 34 to 36; as well as his right to be represented by a defense attorney as stated in section 15 of the Criminal Procedure Law or under the Public Defense Law […] - As seen above, Israel has no explicit enshrinements on the presumption of innocence, however as seen by article 13, arrests will not be ordered unless ‘reasonable suspicion’ exists on the defendant, further stating that the arrest must be based upon grounds of either trial disruption, public safety or the fact that the investigation cannot be conducted unless the defendant is in custody. It may be argued that this forms a semi-presumption of innocence, cemented further by article 31, in which it is enshrined to release detainees where they are unable to be presented to a judge as soon as possible.

	As seen above, Israel has no explicit enshrinements on the presumption of innocence, however as seen by article 13, arrests will not be ordered unless ‘reasonable suspicion’ exists on the defendant, further stating that the arrest must be based upon grounds of either trial disruption, public safety or the fact that the investigation cannot be conducted unless the defendant is in custody. It may be argued that this forms a semi-presumption of innocence, cemented further by article 31, in which it is enshrined to release detainees where they are unable to be presented to a judge as soon as possible.

	Due Process is equally not enshrined by Israeli law, however there are principles of due process that may be found throughout the Penal Law, notably seen through articles 31 and 32. It must be noted, that the Israeli Constitution, Law, and Justice Committee held an initial meeting in February 2005 to discuss the rights of due process[13] and the consequences from lack of enshrinement, these meetings then progressed to the creation of a draft legislation in 2021[14]. The proposal to create a basic law on due process remains a proposal today.		Due Process is equally not enshrined by Israeli law, however there are principles of due process that may be found throughout the Penal Law, notably seen through articles 31 and 32. It must be noted, that the Israeli Constitution, Law, and Justice Committee held an initial meeting in February 2005 to discuss the rights of due process[13] and the consequences from lack of enshrinement, these meetings then progressed to the creation of a draft legislation in 2021[14]. The proposal to create a basic law on due process remains a proposal today. </ul>

	<li>On Self-Incrimination:		<li>On Self-Incrimination: Penal Law 1996 - Article 28 - (A)The officer in charge shall not decide on the arrest of a person, on the continuation of his arrest or on his release on bail, and shall not determine the type of bail, its amount and conditions, without first giving that person an opportunity to speak, after warning him that he is not obliged to say anything that may incriminate him, that anything he says may be used as evidence against him, and that his refusal to answer questions may strengthen the evidence against him.

	Penal Law 1996 - Article 28 - (A)The officer in charge shall not decide on the arrest of a person, on the continuation of his arrest or on his release on bail, and shall not determine the type of bail, its amount and conditions, without first giving that person an opportunity to speak, after warning him that he is not obliged to say anything that may incriminate him, that anything he says may be used as evidence against him, and that his refusal to answer questions may strengthen the evidence against him.


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	<li>'''Right Against Ex Post Facto Prosecution:'''		<li>'''Right Against Ex Post Facto Prosecution:'''

	Israel, very notably, has in actual fact enabled Ex Post Facto Prosecution through the Nazis and Nazi Collaborators Law of 1950, with a specific aim of punishing the actors of the Holocaust and acts which occurred during the Second World War, before Israel existed as a State. This was the legislation which enabled the State to arrest and impose capital punishment upon Adolf Eichmann in 1962. It must also be noted that the Regularisation Law, or the Judea and Samaria Settlement Regulation Law passed in 2017~~[19]~~, was also enacted to the effect of retroactively legalising Israeli settlements in the West Bank (specifically area C), against the Oslo Accords.		Israel, very notably, has in actual fact enabled Ex Post Facto Prosecution through the Nazis and Nazi Collaborators Law of 1950, with a specific aim of punishing the actors of the Holocaust and acts which occurred during the Second World War, before Israel existed as a State. This was the legislation which enabled the State to arrest and impose capital punishment upon Adolf Eichmann in 1962. It must also be noted that the Regularisation Law, or the Judea and Samaria Settlement Regulation Law passed in 2017, was also enacted to the effect of retroactively legalising Israeli settlements in the West Bank (specifically area C), against the Oslo Accords.
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	<li>'''Right to a Trial by Jury:'''		<li>'''Right to a Trial by Jury:'''

	Israel does not have a system of jury trial, as previously mentioned, all cases are decided by appointed judges. Israeli Judges are not elected but appointed by the Judicial Selection Committee, as set out by Article 4 (B) in the Basic Law on Judicature, is made up of nine members; the Minister of Justice, the President of the Supreme Court, two Supreme Court justices, two Members of the Knesset, two representatives of the Israeli Bar Association and finally another Cabinet Minister~~[20]~~. These judges do not only decide on matters of law, but act equally also as fact finders. Serious criminal cases are heard by a panel of three such appointed Judges		Israel does not have a system of jury trial, as previously mentioned, all cases are decided by appointed judges. Israeli Judges are not elected but appointed by the Judicial Selection Committee, as set out by Article 4 (B) in the Basic Law on Judicature, is made up of nine members; the Minister of Justice, the President of the Supreme Court, two Supreme Court justices, two Members of the Knesset, two representatives of the Israeli Bar Association and finally another Cabinet Minister. These judges do not only decide on matters of law, but act equally also as fact finders. Serious criminal cases are heard by a panel of three such appointed Judges
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	==Rights of Counsel==		==Rights of Counsel==