Criminal Proceedings in Israel

The main stages in criminal proceedings are as follows:

Submission of a complaint – Every person is entitled to submit a complaint in any police station, even if the complaint may be dealt with by a different unit in a different location. The police will begin an investigation if they learn that an offence has been committed. It is possible to file a complaint at any station, but the station that has the final authority is the one where the parties live or where the complaint actually took place.

The investigation process - The police will try to locate suspects and interrogate them about the offence, (the more information you give the police the better are the chances that they will be able to easily locate the suspect) usually after the victim of the offense has been questioned and has made a statement. In certain cases a suspect will be detained or arrested for interrogation purposes. During the course of the investigation the victim may have to take part in identifying the suspect and any other activities related to the investigation.

The transfer of the investigation file to the prosecutor – After the investigation is completed, the police transfer the file to the Legal Department, or the Police Prosecution Unit, according to the type of crime and its severity. In certain cases the file may be returned to the police for a more thorough investigation.

You have no say in any decision made and the police will make the decisions according to their policy.

Sending for trial – If the prosecutor decides that there is sufficient evidence to indict a person then an indictment will be served, unless the matter has no justification from a public point of view.

There are three possibilities for closing a case, but the most compelling one to the advantage of the suspect is closing the case because of lack of guilt. This means that the police checked the evidence and found that the suspect had no connection or guilt in the case. This is similar to the American concept of “No case to answer”.

Arrest until the conclusion of the proceedings - After the indictment is served, the court may decide to arrest the accused until the conclusion of the legal proceedings against him/her. It may also decide to release him/her and may impose certain restrictions or conditions in order to protect the victim. Again, this is a decision you will have no influence on.

Opening of the trial – Hearing and Summons - At the beginning of the trial the indictment is read out and the accused is asked what his response is to the charge. The accused is entitled not to respond, or to admit his guilt, or deny the facts, as well as to claim the addition of other facts pertaining to his case. Please be careful and never enter into a criminal case without proper representation (check with the Public Defender if you are entitled to free legal representation).

Clarifying the charge – If the accused does not admit his guilt, then evidence is presented – first by the prosecution and then by the defense. Every witness is first interrogated by the prosecution and later by the defense and sometimes again by the prosecution if more details are needed.

Handing down of the verdict – After hearing and weighing the evidence, the court will give a decision in writing declaring whether the accused is deemed innocent or guilty. It is possible in certain cases for the court to decide that the accused is guilty but chooses not convict him.

A word of wisdom: Almost 98% of the indictments brought to court end up as a GUILTY verdict!

Sentencing – If the accused is found guilty, the prosecution and the defense will both bring evidence on the subject of the punishment and there will be litigation on the subject of his sentencing.

Appeals – Both the Prosecutor and the accused have the right to appeal the verdict before a higher court. A second appeal to the Supreme Court may only be made with the permission of the court itself. This is not easily given and is an expensive procedure.

Open hearings – Court hearings are generally open, but there are specific circumstances when the court will decide that the hearing will be held “in camera” – a closed hearing. In this case it is prohibited to publish any details of the hearing. In the juvenile and family courts the hearings are normally held in camera.

Looking into your own Criminal Record:

You are entitled to view certain (not all) information regarding your criminal record with the Israeli Police. To do so, you must pay a fee, with a “tax stamp of 30 Shekels”, which can be purchased at the Post Office. You must also identify yourself with your official identity card (Teudat Zehut) or your Israeli Passport at the police station.

There you will be required to fill out an application form to review your criminal record (you will be given a printout). It is important to note that this information is private and personal and will not be given out to any third party (except in very unusual cases).

The printout of your criminal record includes information on convictions and other judicial decisions concerning you (this does not include old convictions and other decisions which have expired).

The printout of criminal information includes data from the criminal record system and from police files of the following types:

• convictions and other judicial decisions (including decisions that have been expunged)
• pending criminal investigations and trials
• closed cases

Purging information from your criminal record is a complicated process, one for which you most certainly will need a lawyer. Your record can be purged in accordance with existing regulations or, in very special cases, if given a pardon from the President of Israel.

Erasing a criminal record can take as long as 15 years.

Please understand that this is a very basic overview of criminal proceedings and does not cover all the possible and varying aspects of criminal law. Feel free to consult with me on any questions you may have.

Sincerely,

Tzvi Szajnbrum, Attorney at Law