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Chapter G – Offenses (209-262) Print E-mail
Order regarding Security Provisions

Article A – Injury to person

Intentionally causing death

209. (A) A person who intentionally causes the death of another, shall be sentenced to death.

(B) A member of a group, in which one or more of its members commit or committed, while members of the group, an offense under this section shall be sentenced to life imprisonment.

Manslaughter

210. (A) A person who causes by illegal action or omission the death of a person, shall be charged with manslaughter and shall be sentenced to life imprisonment.

(B) An illegal omission is an omission amounting to criminal negligence in fulfilling an obligation, whether with the intention to cause death or bodily injury or without such intention.

Assault

211. (A) A person who illegally assaults shall be sentenced to imprisonment of five years, unless another punishment is stipulated in this order for the offense under the circumstances; if the assailant caused another person real injury – his sentence shall be seven years imprisonment;

(B) If an offense was committed in accordance with Subsection (A) when two or more persons were present who joined together to commit the act by one or more of them, each one shall be sentenced to ten years imprisonment.

Throwing of objects

212. A person who throws an object, including a stone –

(1) In a manner that harms or may harm traffic in a transportation lane shall be sentenced to ten years imprisonment;

(2) At a person or property, with the intent to harm the person or property shall be sentenced to ten years imprisonment;

(3) At a moving vehicle, with the intent to harm it or the person traveling in it shall be sentenced to twenty years imprisonment.

Article B – Offenses against personal liberty

Kidnapping

213. (A) A person who coerces a person through force or threats or entices him by deceptive means to leave the place in which he is located, is a kidnapper and shall be sentenced to ten years imprisonment.

(B) Anyone who takes another person out of the Area without his consent or that of the person empowered to consent for him, shall be sentenced to twenty years imprisonment.

(C) A person who kidnaps a person with the intention to have him unlawfully imprisoned shall be sentenced to twenty years imprisonment.

(D) A person who kidnaps a person knowing that the kidnapped shall be exposed to danger of life, or who kidnaps a person in order to extort or threaten, shall be sentenced to twenty years imprisonment.

(E) A person who removes a minor under the age of 16 or an insane person by enticement from the custody of their legal guardian without the consent of the guardian – shall be sentenced to twenty years imprisonment; s person who does so knowing that the kidnapped shall be exposed to danger of life, shall be sentenced to life imprisonment.

(F) A person who kidnaps a person so that he shall be subject to severe injury and a person who kidnaps a person knowing that the kidnapped person shall be exposed to severe injury, shall be sentenced to twenty years imprisonment.

(G) A person who illegally hides or imprisons a person knowing that he has been kidnapped shall be sentenced as if he kidnapped the person with the same intent, knowledge or goal which he had for hiding or imprisoning the person.

Unlawful imprisonment

214. (A) A person who unlawfully detains or imprisons a person, shall be sentenced to three years imprisonment; a person who does so, pretending to hold an official position or pretending that he had the power to detain or imprison him, shall be sentenced to five years imprisonment.

Article C – offenses against authorities of the Area

Harming a soldier

215. (A) For the purpose of this section –

Soldier” - including a person vested with power of a soldier in accordance with security

legislation.

(B) A person who assaults a soldier or is uses violence toward him – shall be sentenced to ten

years imprisonment.

(C) A person who threatens a soldier shall be sentenced to seven years imprisonment.

(D) A person who insults a soldier or does any other act offending his honor or harming his position as a soldier – shall be sentenced to one year imprisonment.

Causing damage by negligence

216. A person who by negligence causes damage to the body of a soldier, a person employed in the service or mission of the IDF or one of its authorities or a person employed by the authorities which were appointed or empowered to operate in the Area by the IDF commander of the Area or a military commander – shall be charged with a an offense under this order.

Assault of public servant

217. A person who assaults a public servant or anyone fulfilling a duty or task conferred upon him in accordance with the law or security legislation, or anyone who provides or provided a service to the IDF or one of the IDF authorities, and the assault is connected to the assaulted person's being a public servant or fulfilling a duty or task or providing a service as noted – shall be sentenced to ten years imprisonment.

Disturbing a soldier

218. A person who disturbs a soldier in fulfilling his task or any person using power or executing any task awarded to him or imposed upon him by the security legislation, or holding a position related to public peace, security of the IDF forces, defense of the Area, maintenance of public order or provision of supplies or services to the public – shall be charged with an offense under this order.

Offending authority or symbol

219. A person who behaves in an insulting manner toward one of the IDF authorities in the Area or toward one of its symbols shall be charged with an offense under this order.

Sabotage to IDF installation

220. A person who carries out an act of sabotage to an IDF installation shall be sentenced to life imprisonment.

Damaging security property

221. (A) For the purpose of this section –

“security property” – property owned or used by one of those detailed in Section 2 of the Order regarding Local Courts (Status of IDF Authorities) (Judea and Samaria) (No. 164), 5728-1967.

(B) A person who by negligence causes damage to security property shall be charged with an offense under this order.

Offenses against public order

222. (A) A person shall not commit an act or omission which entail harm, damage, disturbance or danger to the security of the Area or the security of the IDF, or to the operation, use or security of one of the following: boat, airplane, port, platform, dock, harbor, airport, train tracks, waterway, road, dirt path, locomotive, vehicle, truck or any other means of public transport, or public communication or any factory, institution or equipment used or able to be used for the manufacturing, supplying, storing, transporting, transfer or distribution of water, petrol, gas or electricity or any property of the state of Israel or of the IDF.

(B) A person shall not come near or be in the proximity of all property mentioned in Subsection (A) or enter it in order to commit any act prohibited under the same subsection.

(C) A person shall not be member of a group of which one or more members commit or committed, while members of the group, an offense under this section.

(D) A person who commits an offense under this section shall be sentenced to life imprisonment.

Interfering in IDF matters

123. (A) A person who commits any act for which there is reasonable ground to believe that it may prevent the IDF forces or persons engaged in providing essential services from executing their tasks shall be charged with an offense under this order.

(B) A person who knowingly commits an act intended to render a soldier, or person engaged in essential services, to be unqualified to efficiently carry out his task – shall be charged with an offense under this order.

Authority to receive information

224. A person who does not obey an order given by one of the authorities of the IDF or on its behalf to produce or show information or objects in his possession to an authority or person specified in the order shall be charged with an offense under this order.

Obligation to appear

225. (A) A person who does not obey an order given to him by one of the IDF authorities or on its behalf to appear at a place and time determined in the order shall be charged with an offense under this order.

(B) A person who does not obey a special summons delivered to him shall be sentenced to seven years imprisonment. For the purpose of this section, “special summons” - an order signed by an IDF officer commanding the person to whom the summons is directed to appear for interrogation at the place and time determined in the summons.

(C) A special summons shall be seen as having been delivered to a person by way of one of these:

(1) By personal delivery to him;

(2) Delivered to a family member residing with him and who appears to be at least eighteen years of age, in addition to the publication of such notice at the coordination and liaison offices in the district of his registered residence, and the delivery shall be regarded as having been done thirty days after completion of these actions - unless proven that the summons did not reach his attention.

False information

226. A person who makes a false declaration to one of the IDF authorities or makes a misrepresentation before it or uses before it a document containing a false detail shall be charged with an offense under this order.

Evading payment obligation

227. A person intending to evade an obligation imposed in accordance with law or security legislation to pay an amount of money to one of the IDF authorities, who commits one of the following acts shall be sentenced to five years imprisonment:

(A) Omits from a document which he is obliged to submit in accordance with law or security legislation any amount that must be included in the document;

(B) Provides in a document he is obliged to submit in accordance with law or security legislation a false statement or record;

(C) Provides a false answer, orally or in writing, to a question asked or about an information request directed to him in accordance with law or security legislation;

(D) Prepares or organizes, or permits to prepare or to organize, false financial records or other false lists, or forges or permits to forge financial records or lists;

(E) Uses any deception, guile or ruse, or allows for them to be used.

Article D – Obstruction of judicial proceedings

Obstruction of judicial proceedings

228. (A) A person who does anything with the intention to obstruct or defeat a judicial proceeding or to engender a distortion of justice, whether by frustrating the summoning of a witness, by concealing evidence, or in another manner, shall be sentenced to three years imprisonment; for this purpose, “judicial proceeding” – including a criminal investigation and the execution of a court directives.

(B)

(1) A person who induces, or tries to induce, another person to refrain from providing a statement or to provide a false statement or to retract a statement in an investigation conducted in accordance with law or security legislation, shall be sentenced to five years imprisonment;

(2) A person who induces or attempts to induce as stipulated in Paragraph (1) by fraud, deception, force, threats, intimidation, granting a benefit or any other improper means, shall be sentenced to seven years imprisonment.

(C)

(1) A person who induces, or tries to induce, another person to refrain from testifying or to provide false testimony or to retract testimony or a statement made in a judicial proceeding, shall be sentenced to seven years imprisonment.

(2) A person who induces or tries to induce as stipulated in Paragraph (1) by fraud, deception, force, threats, intimidation, granting a benefit or any other improper means, shall be sentenced to nine years imprisonment.

(D) Subsections B(1) and C(1) shall not apply to an action aimed at informing a person of his legal right to refrain from testifying or providing a statement, or an action lawfully performed in the course of a trial or investigation.

(E) In an indictment for preventing a statement or testimony or retracting a statement or testimony under subsections B(1) and C(1), the defendant shall have a defense if he proves he carried out the action in order to reveal the truth or prevent a falsehood.

(F) A person who harasses someone in regard to a statement the latter provided, or is about to provide, in an investigation conducted in accordance with law, or in regard to testimony he provided, or is about to provide, in a judicial proceeding, shall be sentenced to three years imprisonment.

(G) If an offense is committed under subsections (B), (C) or (F) when the offender is carrying a firearm or cold arm, or when two or more persons were present who joined together to commit the action by one or more of them, each of them shall be sentence to –

(1) an offense under Subsection B(1) – imprisonment of seven years;

(2) an offense under Subsection B(2) – imprisonment of ten years;

(3) an offense under Subsection C(1) – imprisonment of ten years;

(4) an offense under Subsection C(2) – imprisonment of fourteen years;

(5) an offense under Subsection (F) – imprisonment of five years.

(H) A person who fabricates evidence, not through false testimony or by seducing someone to provide false testimony, or who knowingly makes use of such fabricated evidence, all with the intention of deceiving a court in a judicial proceeding, shall be sentenced to five years imprisonment.

Contempt of court

229. A person who says or writes something about a judge pertaining to his position with the aim of harming his standing, or who publishes words of calumny against a judge in order to cast suspicion upon him or to disparage his ways of adjudication, shall be sentenced to three years imprisonment; however, honest and polite criticism of the quality of the judge’s decision in a matter of public interest shall not be an offense under this section.

Article E – Offenses regarding weapons and war equipment

Carrying, holding and manufacturing weapons

230. (A) In this article –

"firearm" – A weapon of any type that is capable of killing and from the barrel of which it is possible to fire a bullet or slingshot. And this term includes each part, accessory and ammunition of such firearm installed or adapted to reduce the noise or flash caused by firing the firearm; and additionally a firearm adapted to discharge material intended to harm a person, including a part, accessory and ammunition of said firearm and including a container holding or adapted to hold the aforementioned material, regardless of whether or not the firearm was fit for use at the time the offense was committed.

“weapon” – A firearm, ammunition, bomb, hand grenade, or explosive or combustible object.

(B) A person who carries holds or manufactures a weapon without a permit from a military commander or on his behalf, or not in accordance with the conditions of the permit shall be sentenced to life imprisonment.

(C) A military commander is empowered to determine, in an announcement to be published on his behalf, general conditions which shall apply to everyone who received the permit aforementioned in Subsection (B).

Membership in a group committing illegal actions

231. A member of a group in which one or more of its members, commit or committed, while members of the group an offense under Section 230 shall be sentenced to life imprisonment.

Deposit of firearms, explosives, etc.

232. (A) A person who carries or holds in his possession a weapon in accordance with a permit from a military commander or on his behalf, and the permit expires or is annulled by the issuer, must bring it immediately to the nearest police station and deposit them there; weapons deposited shall be disposed of as ordered by a military commander.

(B) A person who commits an offense under this section shall be sentenced to ten years imprisonment.

Commerce in war materiel

233. (A) In this section-

“War equipment” – weapons whether they be suitable for use or unsuitable for use, auxiliary equipment for aiming or repairing weapons, military clothing or any equipment that was the property of an army or was held by an army or used for the purposes or an army, including parts of such equipment;

“Commerce”– purchase, sale, mediation, delivery, storage, transportation, transfer, shipment or repair.

(B) A person who trades or otherwise engages in war equipment without a permit signed by the IDF Commander of the Area or on his behalf shall be sentenced to life imprisonment.

(C) A person who knows that another person is about to violate or has violated this order and does not inform an officer or one of the police stations in the Area within a reasonable period of time shall be sentenced to ten years imprisonment.

Offenses concerning military equipment

234. (A) In this section –

“military equipment” - weapons, clothing, tags, uniforms, personal equipment of soldiers or pieces of equipment provided for the use of the IDF or IDF property or property legally awarded to the IDF or within the IDF supplies or brought to the Area for its use.

(B) A person shall not hold military equipment without a permit or reasonable explanation which he must prove.

(C) A person shall not purchase, exchange, hold in his possession and shall not receive military equipment from a soldier or on behalf of a soldier or in his name and shall not ask, move or assist the soldier to sell or transfer from his possession military equipment in any manner.

(D) A person shall not knowingly and illegally remove military equipment from the possession of the army.

(E) A person who commits an offense under this section shall be sentenced to ten years imprisonment.

Article F – Offenses regarding property

Arson

235. A person setting fire to any object with the intention to cause damage to property or to one of the following:

(1) A building or any structure, whether completely built or not completely built, or any part thereof;

(2) A vehicle, including motorized, or any part of it;

(3) Agricultural field and any stockpile of plants, including standing plants, seedlings and bushes;

(4) A reserve of mineral or plant fuel;

(5) Material or anything located in a building or under or on it, whether the building was set on fire or not; shall be sentenced to ten years imprisonment.

Malicious damage to property

236. (A) A person who destroys property or willfully and unlawfully damages it – shall be charged with an offense under this order if no other punishment is stipulated under the circumstances.

(B) A person who commits an offense as noted in Subsection (A) against the property of a public servant or a person fulfilling a duty or job assigned to him in accordance with the law or security legislation or a person who provides or provided a service to the IDF or one of the IDF authorities, and the destruction of the property or its damage is connected to it being the property of a public servant or a person fulfilling a duty or a person providing a service as noted shall be sentenced to ten years imprisonment.

Article G – Espionage or contact with an enemy or hostile organization

Prohibition of contact with an enemy

237. A person shall not come into contact, either by physical contact, writing, verbally, or in any other manner with a person against whom there is a reasonable grounds to assume that he is acting for the enemy, whether in service of the enemy or in another manner.

Prohibition of military training and contact with hostile organization outside the Area

238. (A) In this section -

“Hostile organization” – a person or any group of persons whose aim it is to harm public security, IDF forces or the public order in Israel or in a held area;

“Contact with a hostile organization” – including contact with a person who can reasonably be assumed to be operating on behalf of a hostile organization or in its service, regardless of whether the contact is conducted with the hostile organization alone or with a body in which the hostile organization participates or takes part in its decisions.

“Resident of the Area” – includes a resident of a held area.

(B) A resident of the Area who leaves it shall not undergo weaponry or sabotage training and shall not knowingly engage in contact with a hostile organization during his stay outside of the Area.

(C) A person who enters the Area, regardless of whether or not he is a resident of the Area, must immediately inform the nearest police station about weaponry or sabotage training he underwent outside of the Area, as well as any contact in which he knowingly engaged with a hostile organization during his stay outside of the Area.

(D) Pleas of necessity and compulsion shall not be heard on behalf of the defendant as a defense against a charge of committing the offenses in Subsection (B) unless the defendant reported the training or contact at a police station in the Area immediately upon his return to the Area.

(E) Anyone who violates the directives of this section shall be sentenced to ten years imprisonment.

Espionage

239. (A) A person who transfers information and thereby intends to harm the security of the Area shall be sentenced to fifteen years imprisonment.

(B) A person who obtains, prepares, records or holds information and intends to harm the security of the Area shall be sentenced to ten years imprisonment.

Serious espionage

240. (A) In this section –

“classified information” – Information of which the content, form or storage arrangements indicate that the security of the Area necessitates keeping it secret.

(B) A person who transfers classified information without being empowered to do so, shall be sentenced to fifteen years imprisonment.

(C) A person who transfers classified information without being empowered to do so and intends to harm the security of the Area shall be sentenced to life imprisonment.

(D) A person who obtains, collects, prepares, records or holds classified information without being empowered to do so, shall be sentenced to seven years imprisonment. If he intends to harm the security of the Area, he shall be sentenced to fifteen years imprisonment.

(E) It shall be a valid defense for a person accused of a an offense under Subsection (D) that he did nothing illegal to obtain the information which is classified, and that he obtained it, collected it, prepared it, wrote it or held it in good faith and for a reasonable objective.

Information of military value

241. (A) A person who without legal power obtains or records or transfers to another person or publishes or holds a certificate or note containing information supposedly referring to the following: the numbers, descriptions, arming, supplies, location, movement or positioning of IDF forces, their vehicles, air or sea crafts, their ongoing or future operations, or their prisoners or any of their war equipment, or any defense means or fortifications of any place, or any other information of military value or supposedly of such value – shall be sentenced to fifteen years imprisonment.

(B) Without detracting from the provisions of Subsection (A) as pertaining to a person who transfers to any other person or publishes classified information, a person who gives or sends a sign of any type or an announcement by any means, or comes into contact with another person in a manner, under circumstances or by means through which he may transfer information shall be regarded as if he actually transfers information as noted in Subsection (A) to another person.

Entry into restricted area

242. (A) In this section –

“restricted area” – an area held by the IDF or serving a security purpose or used for essential services.

(B) A person who enters a restricted area, attempts to penetrate it, stays in it, attempts to inspect its structure or utilization, or without plausible explanation wanders in the proximity of the area without being empowered to do so, and further a person who attempts to disturb or deceive a sentry or guard responsible for the restricted area, shall be sentenced to ten years imprisonment.

Article H – Offenses against public order and thuggery

Masquerading

243. A person who uses a costume in circumstances in which the use of the costume may harm public peace, or the security of the IDF forces or the defense of the Area or the maintenance of public order shall be sentenced to imprisonment not to exceed five years.

Impersonation

244. A person who is not a public servant and impersonates a public servant shall be charged with an offense under this order.

Provision of shelter

245. A person shall not help and shall not provide shelter to any person who committed an offense under the security legislation or who is or was engaged in any action aimed at harming public peace, the well-being of the IDF and the maintenance of public order, or if there is a reasonable basis to suspect that he did so, whether by providing information, shelter, food, drink, money, clothes, weapons, ammunition, supplies, animal feed, means of transport, oil or fuel of any sort or in another manner.

Tools or means for committing a crime

246. (A) A person who gives a person tools, materials, money, information or any other means, when he knows that it may serve, directly or indirectly, for committing a crime or facilitating its commission – shall be sentenced to five years imprisonment.

(B) For the purpose of this section, it is irrelevant whether the thing is given permanently or temporarily, for consideration or for no consideration, and whether or not a crime is committed.

Actions against public order

247. A person who commits an act which harms or may harm public peace or public order shall be charged with an offense under this order.

Knives

248. (A) For the purpose of this Section –

“Knife” – a tool with a blade or another tool capable of stabbing or cutting;

“Penknife” – a fold-up knife the blade of which does not exceed 10 cm and which cannot be converted, through a spring or other means, into a knife with a permanent blade.

(B) A person who trades, manufactures or imports a knife not intended to serve a professional purpose, a craft, business or domestic need or any other legitimate purpose shall be sentenced to seven years imprisonment.

(C) A person who holds a knife outside of his home or yard and does not prove that he holds it for a legitimate purpose shall be sentenced to five years imprisonment; for the purpose of this subsection it shall be assumed that possession of a penknife is for a legitimate purpose.

Threat

249. A person who threatens another person to cause him bodily harm, or damage to his reputation or property or to the body or reputation of a person for whose property or honor said person is responsible – with the intention to cause the person to do an act he is not obligated to do in accordance with the law, or to desist from doing any act he is entitled to do in accordance with the law; or a person who threatens in a similar manner and with a similar intention persons in general or persons of a certain type or gender – shall be charged with an offense under this order.

Threats and insults

250. A person who threatens a person or insults him in a manner which may harm public peace or public order – shall be sentenced to one year imprisonment.

Incitement and support of hostile organization

251. (A) For the purpose of this section -

Hostile organization” – as defined in Section 238 or an unlawful association as defined in Regulation 84 of the Defence (Emergency) Regulations, 1945.

(B) A person who:

(1) Attempts, orally or otherwise, to influence public opinion in the Area in a manner which may harm public peace or public order, or

(2) Carries out any action or holds in his possession any object with the intention of executing or facilitating the execution of an attempt to influence public opinion in the Area in a manner which may harm public peace or public order, or

(3) Publishes words of praise, sympathy or support for a hostile organization, its actions or objectives, or

(4) Carries out an action expressing identification with a hostile organization, with its actions or its objectives or sympathy for them, by flying a flag, displaying a symbol or slogan or playing an anthem or voicing a slogan, or any similar explicit action clearly expressing such identification or sympathy, and all in a public place or in a manner that persons in a public place are able to see or hear such expression of identification or sympathy – shall be sentenced to ten years imprisonment.

Article I – Offenses regarding documents

Prohibition on issuing identification documents

252. A person shall not draft, print, issue or give to another person a certification or other document purporting to serve as identification of a person, without permission from the Commander of IDF Forces in the Area.

Offenses regarding permits and documents issued in accordance with security legislation

253. (A) A person holding a permit shall present it at the demand of a soldier.

(B) A person shall not violate any condition determined in a permit.

(C) A person shall not alter and shall not allow another person to alter any document issued in accordance with security legislation without permission from the Commander of IDF Forces in the Area.

(D) A person shall not use and shall not allow another person to use an aforementioned document to which changes were made in contravention to Subsection (C).

(E) A person shall not lend a document issued in accordance with security legislation.

(F) A person shall not hold in his possession or his control any document similar to a document issued in accordance with security legislation, if it can mislead.

(G) A person shall not hold in his possession or his control a document issued in accordance with security legislation which is not made out to his name, with an intention to deceive.

(H) For the purpose of subsections (B) to (G) – an act committed outside of the Area shall be regarded as if committed in the Area.

Article J – Conspiracy and accessories after the fact

Conspiracy

254. (A) A person who conspires with another person to commit an offense punishable by imprisonment of more than three years shall be subject to imprisonment in accordance with the punishment stipulated for that offense, provided that the punishment imposed on him does not exceed seven years imprisonment.

(B) A person who conspires with another person to commit an offense punishable by no more than three years of imprisonment, shall be sentenced to imprisonment of two years or the punishment stipulated for that offense, whichever constitutes the lighter punishment.

(C) A person who conspires with another person to attain any of the following objectives:

(1) To prevent or hinder the execution or implementation of any law or security legislation; or

(2) To cause any damage to the body or reputation of any person or to diminish the value of the property of any person; or

(3) To prevent or disturb the free and legal transfer of any property by the owner of the property in exchange for its appropriate value; or

(4) To harm any person in his commerce or profession; or

(5) To prevent or hinder the free involvement and training of any person in his commerce, in his profession, or in his occupation, by any action or actions that, were they committed by another person, would constitute an offense on his part; or

(6) To attain any illegitimate objective; or

(7) To attain any legitimate objective through illegitimate means.

shall be subject to imprisonment of two years.

Accessories after the fact

255. (A) If not stipulated otherwise in security legislation, any person, except for the father, the mother, the son, the daughter, the husband or the wife of the offender, who knows that an offense was committed by another person, and receives such person, or aids him to escape punishment, shall be considered as an accessory to the offense after the fact.

(B) A person found guilty of an offense stipulated in Subsection (A) who is convicted shall be subject to punishments as follows:

(1) If the offense which was committed by the person who was received or aided subjects the offender, if convicted, to death penalty or a prison sentence of more than three years, he shall be shall be punished by imprisonment not to exceed three years;

(2) If the offense subjects the offender, if convicted, to a prison sentence of three years or less – he shall be punished by imprisonment not to exceed one half of the prison term that the offender is subject to for the offense.

Accessory after the fact

256. A person considered an accessory after the fact may be charged and convicted of an offense regardless of whether or not the offender himself was convicted before of the same offense to which he was an accessory, and regardless of whether or not it is possible to initiate proceedings against him and to enforce any punishment imposed on him for this offense, and it is possible to charge any such person with this offense, either alone or together with the actual offender, or together with all other accessories after the fact.

Article K – Various offenses

Escape from custody

257. A person who escapes from custody in which he is legally held shall be charged with an offense under this order.

Offenses regarding bribes

258. (A) In this section -

(1) “Benefit” – money, equivalent of money, service or other benefit;

(2) “To receive” – including to receive for another or by another person, directly or indirectly.

(B) A public servant who takes a bribe for an action pertaining to his position, shall be sentenced to seven years imprisonment.

(C) A person who gives a bribe shall be sentenced as the one receiving it. A person who offers or promises a bribe even if rebuffed shall be sentenced as if he gave a bribe.

(D) A person who receives a benefit in order to give a bribe to a public servant – shall be charged with a an offense under this order, regardless of whether the bribe was given to him or to another person on account of his mediation, whether it was not given, and whether or not he intended to give a bribe.

(E) A person who receives a bribe in order to induce, by himself or by another person, directly or indirectly, a public servant to an act, omission, suspension, acceleration or deceleration, preferential or discriminating treatment shall be charged with an offense under this order.

(F) A person who gives a benefit to a recipient to whom the aforementioned in subsections (D) or (E) applies shall be sentenced as the person giving the bribe.

(G) In regard to bribery, it is irrelevant:

(1) In what form the benefit is given;

(2) Whether it is for an act, omission, suspension, acceleration, deceleration, preferential or discriminating treatment;

(3) Whether it is for a specific act or in order to foster preferential treatment in general;

(4) Whether it is for an act of the taker himself or his influence on the act of another person;

(5) Whether it is given by the giver or through another person; if it is given to the taker or to another person for the taker; if in advance or after the event; and if the beneficiary of the bribe is the taker or another person;

(6) Whether the task of the taker is one of power or service; whether it is permanent or temporary or whether general or for a specific matter; whether its exercise is paid or unpaid, whether voluntary or in fulfillment of an obligation.

H) In a trial of an offense under this section, the military court is empowered to convict on the basis of one testimony, even if this is the testimony of an accessory.

Prohibition on payment of wages to security offender

259. In this section –

Public authority” – Any local authority in the Area, and any corporation or institution whose budget is financed, in its entirety or in part, from the funds of the Area’s military command.

Security offense” – Any offense stipulated in security legislation, and any offense in contravention of emergency legislation as defined in the Order regarding Interpretation (Additional Directives) (No. 5) (Judea and Samaria) (No. 224), 5728-1968, punishable by five years or more of imprisonment.

Security offender” – A person who is incarcerated in a prison facility after being tried in a military court for a security offense, and a person detained in accordance with this order as a suspect of such an offense.

Wages” – Including salary, pension and any payment or compensation or benefit provided in exchange for work or pertaining to it, as well as any part of them, with the exception of any sum lawfully deducted after the defining day for transfer to a pension fund from the salary of a person who worked in a public authority.

(B) A person shall not pay wages and shall not approve the payment of wages to a security offender, or to someone acting on his behalf, from the coffers of a public authority, or from a fund affiliated with it or from funds to which the public authority is entitled, or from donation assets awarded to the public authority, if the commander of the Area so directs in an order.

(C) A person shall not pay wages and shall not approve the payment of wages from the coffers of a public authority, or from a fund affiliated with it or from funds to which the public authority is entitled, or from donation assets awarded to the public authority, to a person who has stopped working at a public authority in practice, or to someone acting on his behalf, if a military commander informs the public authority that he is suspected of committing a security offense.

(D) A person who violates the provisions of this section shall be sentenced to five years imprisonment.

Perjury and contradictory testimonies

260. (A) A person who knowingly provides false testimony in any proceeding before a military court shall be sentenced to five years imprisonment.

(B) A person who knowingly provides false testimony before any person empowered in accordance with the law or security legislation to take testimony, shall be sentenced to two years imprisonment.

(C) A person who makes statements and gives testimonies in the same matter before a person empowered to conduct an investigation according to Section 70 or before a military court, and his statements and testimonies contradict each other in a question of fact which is substantial with regard to that matter, and does so with the intention to deceive shall be sentenced to three years imprisonment.

(D) The protocol of a military court hearing and a statement lawfully recorded in an investigation shall serve as prima facie evidence for the words said by the witness before them.

(E) In this section –

Testimony – Regardless of whether or not it was given under oath or by affirmation that it its true or without such

Non-prevention of an offense

261. A person who knows or who has reasonable grounds to suspect that another person is committing or planning to commit an offense of the law or the security legislation, punishable by more than three years imprisonment, and does not immediately provide notice of this to a military commander or the nearest police station or to any IDF officer, or does not act in another reasonable manner to prevent the offense, or its continuation or completion – shall be charged with a an offense under this order.

Bringing animals to certain zones

262. (A) In this section –

“closed zone” – as defined in Section 318 and further any area closed by a military commander for the purpose of this section.

(B) A person shall not hold, or herd or lead animals into a closed zone, he shall not bring them inside of it and shall not permit another person to do the aforementioned without a permit from a military commander; however, the owners of the animal shall not be convicted in accordance with this section for the action of another person if he proves that he took all reasonable measures for the said person not act in the aforementioned manner.

(C) Any soldier or empowered authority appointed for such is empowered to confiscate an animal if they have reason to think that an offense under this section was committed regarding it, in order to transfer the animal to a place determined by a military commander.

(D) An animal seized in accordance with this section shall be dealt with in accordance with directives to be published by an IDF commander of the Area.

(E) The owners of the animal seized in accordance with this section , or anyone who held the animal at the time of his confiscation, shall be obliged to pay expenses for confiscating and holding the animal, in accordance with the directives of the IDF commander of the Area.

 
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