THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS IN ISRAEL: 1995 REPORT
AN OVERVIEW OF RECENT CRIME
PREVENTION LEGISLATION IN ISRAEL
Gloria Weisman,
Head of Department,
Criminal Law Legislation,
Ministry of Justice
Background
Since the last Report on Crime Prevention Legislation presented by Israel
to the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, conventional criminal legislation has undergone
few major changes.
Legislation adopted in the last five years has concentrated on the
protection of victims children, helpless people, battered spouses, the
mentally ill, etc. The major legislative event was the adoption of the new
Penal Law (Amendment no. 39 - Preliminary Part and General Part)
5754-1994, which shall be elaborated on below.
There has also been a steady trend to decriminalize certain acts by
deploying a new non- criminal device the civil fine. This device has
been adopted in a number of laws dealing with the regulations on corporate
bodies, foundations, etc.
A number of bills are still under discussion. Among them: the computer
Bill (including sections on offenses, torts, evidence, secret monitoring
and search and seizure as they relate to computers); the Police Powers
Bill (including a comprehensive reformulation of powers of arrest, release
on bail and search and seizure); an amendment to the Secret Monitoring
Law, 5739-1979 (including the prohibition of new communication and
monitoring technologies). Another bill under consideration concerns
special ways of taking testimony from victims of sexual offenses. New
legislation is also being prepared on Mutual Legal Assistance in Criminal
Matters between countries which will regulate the new kinds of assistance
needed in the fight against sophisticated criminal activities (money
laundering, computer crime, etc.).
Recent developments in the peace process have had significant political
impact. The possibility of reaching peaceful arrangements with the
Palestinians, with neighboring countries still in a state of war with
Israel and with other Arab countries, has changed the political atmosphere
in the country. To implement the Cairo Treaty, a new law was enacted
providing for a wide range of legal assistance in criminal matters between
the State of Israel and the Palestinian Authority.
Constitutional Changes
Although Israel has no constitution in the conventional sense of the word,
basic human rights, including human rights in the criminal justice system,
are recognized both in general legislation and in court decisions.
Recently, some of these rights have been formulated by a law of
constitutional character, the Basic Law: Human Dignity and Liberty.
The New Penal Law
On July 25, 1994, the Penal Law (Amendment no. 39 - Preliminary Part and
General Part) 5754-1994, was approved by the Knesset (Israel's parliament)
and will enter into effect a year from that date. This new law
systematically and comprehensively consolidates the basic principles of
criminal justice which, until then, had been dispersed throughout
different sections of the Penal Law, 5737- 1977, and decisions of the
Supreme Court handed down over the 46 years of the State's existence.
An amendment to the Penal Law is now under consideration for the purpose
of establishing the rule of diminished responsibility in cases which
otherwise would come into the category of murder, an offense carrying a
mandatory life sentence.
The Fight Against Terrorism
Two pieces of legislation have been adopted which have a direct impact on
the never-ending struggle against terrorism. In 1991, an amendment to the
Air Navigation (Offenses and Jurisdiction) Law, 5731-1971, was passed that
created the offenses of endangering life and security in airports, liable
to a maximum penalty of 20 years imprisonment. These offenses are added to
the existing offenses of acts of terrorism committed on aircraft or
against them.
In the same year, Penal Law (Amendment no.33), 5751-1991, was adopted.
This amendment created new offenses involving illegal trafficking in arms
subject to a maximum penalty of 15 years imprisonment. The amendment also
includes reformulated offenses of illegally carrying lethal weapons that
are not firearms.
Protection of the Rights of Minors and Helpless Persons and Prevention of
Domestic Violence
In order to better protect the physical and mental well being of children
and helpless persons, the Penal Law was amended and an offense was created
imposing the obligation on all citizens to report to the police or to a
welfare officer any instance where a child or a helpless person is being
abused by a parent, relative or person responsible for them. Failure to
report by certain professionals, who might uncover the maltreatment in the
course of their work, is deemed an aggravated offense. Parents are also
under obligation to report abuse committed on their child by another
family member, not excluding the second parent. (On this subject, see
separate articles by Y. Kadman and T. Morag.)
The same amendment created the offenses of acts of cruelty on minors and
helpless persons and the aggravated offenses of assault against them. The
offense is deemed still further aggravated if committed by a family member
or a person responsible for the victim.
Another amendment to the Penal Law established the aggravated offense of
publishing pornography where a minor is being made use of for the
publication. The amendment also prohibits the participation of minors in
pornographic performances.
Israel has recently ratified the convention on the Civil Aspects of
International Child Abduction, 1980, and is now in the process of passing
into law strict rules on the adoption of foreign children by Israeli
parents.
Following a Report on Domestic Violence presented by a government
committee, the Law for the Prevention of Domestic Violence 5751-1991, was
enacted. This law empowers the courts to issue an order against a violent
member of the family, restraining him or her from entering the family home
or from harassing the victim-relative. The court order may also oblige the
offender to seek professional help in order to change the violent pattern
of his or her family life. The restraining order may be issued for a
maximum of three months, renewable for a further three months.
Also approved was a new law on the treatment of mentally ill persons,
establishing rules regarding the treatment of mentally ill suspects and
convicts and imposing stronger limits on the forcible treatment of
patients and on the kind of treatments that may be applied forcibly.
Rules Governing the Ethical Practices of Public Agencies
In 1992, the Knesset passed a law transferring the investigation of police
officers accused of corrupt behavior or of the unjustified use of force
from the police to a special independent unit within the Ministry of
Justice. This Special Investigations Department will also take charge of
the investigation of complaints against agents of the General Security
Service.
The Fight Against Drug Abuse
In 1993, the Minister of Health issued regulations under the Pharmacists
Ordinance enabling Israel to join the 1971 United Nations Convention on
Psychotropic Substances, to which until then Israel had been an unratified
signatory. The Knesset approved the Law on the Control of Institutions for
the Treatment of Drug Abusers, 1993, which came into effect in October of
that year.
A further law passed in 1993 permits the operation of treatment and
rehabilitation services and facilities for prisoners of both sexes on
Prison Service premises Amendment no.14 to the Prisons Ordinance
(Separation of the Sexes), 1993.
Other items of legislation are at different stages of the legislative
process, among them: Regulations on the Transfer of Information which will
permit the Anti- Drug Authority to receive and hold information in its
Information Center; a law on the laundering of money originating in the
drug trade will enable Israel to ratify its signature to the 1988 United
Nations Convention.
At the initiative of the Knesset Committee on the Fight Against Drugs, a
number of amendments were put forward, among them: a proposed amendment to
the Drugs Ordinance; a bill designating all school premises as drug-free
areas so that a person found with drugs in his or her possession in the
school or on its grounds may, upon conviction, be liable to a five-year
imprisonment order; a proposed amendment to the Municipalities Ordinance
which will permit the establishment in every municipality of centers for
the treatment and rehabilitation of drugs victims; an amendment to the
Youth Law (Treatment and Supervision), 1960, enabling babies born with
withdrawal syndrome to be declared entitled to state financial support.
Suspended Sentence for Drug Abusers The Knesset is also debating another
bill that embodies a new approach to the obligatory activation of a
suspended sentence of imprisonment. The bill, which concerns specifically
convicted drug addicts who have successfully undergone or are undergoing
rehabilitation treatment, lays down that the court will be entitled not to
activate the imprisonment and may extend the suspension of the sentence if
it is of the opinion that activation of the sentence may cause serious
damage to the treatment process and provided that there is no serious
danger to the public if the prison sentence is not activated.
Dealing with New Types of Crime
Racism
Recently the Penal Law was amended to create an aggravated offense where a
crime is committed from racist motives. This new offense is added to the
existing offense of publishing racist publications, created in 1986.
Computer Crime
A bill on the subject of computers is now under debate in the Knesset. It
includes not only penal sanctions for computer crime but also deals with
the problem of torts, evidence, eavesdropping, and search and seizure in
the context of computers.
Car Theft
The increasing volume of car thefts and other crimes related to vehicle
parts is the background to an amendment increasing the penalties for these
offenses.
White-Collar Crime
Repeated instances of misconduct by company directors has brought about
penal legislation concerning the obligation to disclose information to
shareholders.
Maltreatment of Animals
New offenses regarding the maltreatment of animals have been created and
include strict regulations on experiments conducted on animals, which not
not only prohibit causing pain to animals but also restrict the areas of
study permissible for such experimentation.
Environmental Protection
There has also been an increase in legislation on environmental issues,
including the disposal of dangerous substances, the prevention of the
misuse of natural resources and of willful damage to the environment in
both rural and urban areas. (See article in this Report, by S. Gabbay, on
environmental legislation.)
Administrative Release of Prisoners
The problem of overcrowding in prisons has given rise to a bill providing
for the administrative release of prisoners when the prison population
reaches an unacceptable level of overcrowding. After a special report on
the early release of prisoners, a bill is being prepared by the Ministry
of Justice dealing with the early release both of prisoners sentenced to a
fixed prison term and those sentenced to an unfixed life sentence.
Conclusion
The legislation reviewed in this report reflects a dominant policy trend
of adapting existing legislation and creating new legislation to improve
and expand the rights of victims of crime, to safeguard the environment
and, wherever possible, to decriminalize certain acts.