gototop
Criminal Procedure Law (Detainee Suspected of Security Offense) (Emergency Order), 2006 Print E-mail

Definitions

 1. In this law –

"Arrests Law" – Criminal Procedure Law (Powers of Enforcement – Arrests), 1996;

"Penal Code" – Penal Code, 1977;

"Approving Official – (deleted)

"Security offense" – an offense as described below, committed in relation to terrorist activities and under circumstances that may have harmed the security of the state and:

(1) One of the criminal offenses specified in Section 35(B)(1) through (5) of the Arrests Law, excluding –

(A)  Sections 102(B), 103, final clause of Section 111 concerning an offense caused by conveying information by negligence, 113A, first clause of 115(A), 146 and 147 of the Penal Code;

(B)   Regulations 59(F) and (G), 84, 85(1)(A) and (D) through (G) of the Defence (Emergency) Regulations, 1945;

(C)  Section 3 of the Prevention of Terror Ordinance, 1948;

(D) Section 7 of the Prevention of Infiltration Law (Offenses and Jurisdiction), 1954

(2) A criminal offense according to sections 107, 300, 305, 329, 330, 369 through 375, 454, 456 and 497 of the Penal Code; 329, 330, 369 of the Penal Code; through 375, 454, 456 and 497 of the Penal Code;

"Officer in Charge:- one of the following

(1) As defined in Section 25 of the Arrests Law;

(2) Head of an investigating team in the General Security Service.

Modifications in the application of the Arrests Law for a Detainee Suspected of a Security Offense

 2. While this law remains in effect, the provisions of the Arrests Law shall apply to a detainee suspected of committing a security offense (in this law – detained for a security offense), with those changes stipulated by this law.

Delay in bringing a detainee on a security offense before a judge  

3. (A)  Notwithstanding the provisions of Sections 17 (C) and 29 (A) of the Arrests Law and without detracting from the provisions of Section 30 of the same law –

(1) If an Officer in Charge is convinced that halting the investigation to bring a person detained for a security offense before a judge is liable to cause significant damage to the investigation – he may delay bringing the detainee before a judge for a period not to exceed 48 hours from the start of the detention.

(2)  An Officer in Charge who is convinced that halting the investigation to bring a detainee accused of a security violation before a judge may prevent harm to human life, is entitled to submit a reasoned and detailed decision, in writing, authorized by the head of the General Security Service's Investigations Division, to justify a delay in bringing the detainee before a judge for an additional period to that referred to in Paragraph (1). This additional period shall not exceed 24 hours.

(3) A court may, in exceptional cases, at the written request of the Director of the General Security Services, approved by the Attorney General, order a further delay in bringing a detainee before a judge for an additional period to those referred to in paragraphs (1) and (2), but not to exceed 24 hours - if the court is satisfied that delaying the investigation into Security Offenses to bring the detainee before a judge is liable to hinder an investigation that may prevent harm to human life. Hearings in accordance with this decision shall be held without the detainee being present.

(B) If an Officer in Charge or the Court has delayed bringing a prisoner detained for a security offense before a judge, according to the provisions of Subsection (A), the court will document in writing the day on which the detainee was brought before a judge.

Detention prior to indictment

4. In the matter of a detainee for a security offense, Section 17 of the Arrests Law should read as follows:

(1) The beginning of Subsection (A) should read "Notwithstanding the provisions of the last clause of Section 13(A)(3)," instead of  "indictment," "15 days of detainment," should now read "20 days of detainment provided that a judge cannot order a detention period in excess of 15 days, except if he is convinced that if the detainee is not held for further interrogation, it would, in all likelihood, hinder the possibility of preventing harm to human life, and without the final clause starting with the words "the provisions of this subsection shall not";

(2) Subsection (B), should read "35 days" instead of "30 days."

Extension of Detention

5. Notwithstanding the provisions of Section 16 (2) of the Arrests Law, in regard to the presence of a detainee on a security offense at hearings for extending detention as aforementioned in Section 4, if the court, in the presence of a detainee on a security offense, orders his remand to custody for a period of less than 20 days, the court is authorized, without the presence of the detainee, to extend the detention for a period not to exceed the time remaining until the conclusion of 20 days from the date of the hearing conducted in his presence. A Supreme Court Justice is entitled to extend the aforesaid remand into custody without the detainee being present, if a written request by the Director of the General Security Services Investigations Division, approved by the Attorney General, is submitted to the court, and if the court is convinced that a halt to the investigation is liable to hinder prevention of a security offense or prevent injury to human life. Aforementioned extensions of the remand into custody shall be for periods no longer than 72 hours each, provided that the periods extending the remand without the detainee being present shall not exceed 144 hours, or the balance of the time remaining until the end of 20 days from the date of the hearing in which the detainee was present, whichever time period is shorter.

Reconsideration

5A. (a) No hearing of a decision according to Section 52 of the Arrests Law regarding a detainee for a security offense against whom an indictment has not yet been filed, will be held on a request for reconsideration, unless after a preliminary hearing the court is satisfied that there is cause for the said request in the aforementioned section. Preliminary hearings on the question of whether there is such cause shall be held in the absence of the detainee.

(b). Notwithstanding the provisions of Section 57 of the Arrests Law, if the court decides that such cause does exist, as stated in Section 52 of the Arrests Law, the court is authorized, at the request of the Director of the General Security Services Investigations Division to order that the reconsideration be heard in the absence of the detainee for a security offence if it is satisfied that halting the investigation to bring the detainee to court, would be liable to hinder the prevention of injury to human life.

Appeal

5B. (a) (1) Notwithstanding the provisions in Section 53 (c) of the Arrests Law, an appeal of the court's decision according to Section 53 of the Arrests Law, in the matter of a person detained for a security offense who has not yet been indicted, must be submitted to the court within 30 hours from the time the decision was given; the court, however, may at the time it orders the arrest of a detainee for a security offence who has not yet been indicted, extend the time in question for reasons that will be recorded, if it is satisfied that this is necessary to prevent a miscarriage of justice to the detainee. The court must hear the appeal within 24 hours from the time it was submitted to the court secretariat, or otherwise submitted by a procedure prescribed by the court's administration, all within the said 30 hours;

(2)  Notwithstanding the aforementioned in Paragraph (1), Saturdays and holidays shall not be counted among the hours; if the court must hold a hearing on Saturday night or on a holiday, it may hold the hearing within six hours from the close of the Sabbath or the holiday. For this matter, "holiday" is defined according to its definition in Section 29 of the Arrests Law.

(b)   Notwithstanding the provisions in Section 57 of the Arrests Law, a court hearing an appeal, as stated in Subsection (A), at the request of the Director of Investigations Division of the General Security Services, is entitled to order that the appeal may be heard without the detainee being present, if the court is satisfied that a halt to the investigation is liable to hinder the prevention of injury to human life.

Provisions regarding the presence of the detainee'

5. C (a) If the cause for which a detainee for a security offense was not brought before the court for a hearing regarding extending his detention no longer exists and a request for reconsideration, or an appeal in accordance with Sections 5, 5A (b), or 5B (b), is filed, the detainee should be brought before the court as soon as possible and no later than 24 hours from the time the said cause ceased to exist.

(b) (1)  A decision given at a hearing in the absence of a detainee for security offenses under sections 5, 5A (b) or 5B(b),shall be brought to the attention of the detainee as soon as possible, unless the court has ordered otherwise at the request of state officials and is satisfied that this will prevent harm to human life;

(2) The court's decision in the preliminary hearing in accordance with Section 5A (a), should be brought to the knowledge of the detainee as soon as possible, unless the court has instructed otherwise at the request of the state's representative, and is satisfied that this might cause actual harm to the investigation.

(c) The provisions of Section 15(C) through (H) of the Arrests Law, with the requisite changes, shall also apply to a hearing on the question of the detainee's presence in proceedings as stated in this section;

Representation by a defense attorney

6. A hearing in the absence of a detainee on a security offense in accordance with Sections 5, 5A (b), and 5B (b) will be held in the presence of the detainee's defense attorney, and if he is not represented, the court shall appoint a defense attorney. If, however, the defense attorney is not present for this hearing, the judge should appoint a defense attorney for the detainee, only for the purposes of the hearing discussed in this section. The judge is authorized to order an extension of the detention period as stated in Section 5 for the short period required in the circumstances of the matter until the defense attorney can be present.

Delegation of the Attorney General's authority

7. The Attorney General may delegate to the State Attorney and the Deputy State Attorney the powers vested in him under section 3 (a) (3).

Reporting to the Knesset

8. From the commencement of this law until its expiration, the Minister of Justice shall report to the Constitution, Law and Justice Committee of the Knesset, every six months on its implementation: The report will include, inter alia, the number of cases in which –

(1) an officer in charge delayed bringing a detainee on a security offense before a judge in accordance with the provisions of Section 3(A) (1) or (2), including details about the periods of delay;

(1A) A court ordered a delay in bringing a detainee on a security offense before a judge according to the provisions of Section 3 (a) (3);

(2) a judge ordered the remand to custody of a detainee on a security offense as stated in Section 17(A) of the Arrests Law as worded in Section 4(1) of this law, including details regarding the periods in which he was held in detention as stated in Section 17(B) of the Arrests Law, and as worded in Section 4(2) of this law;

(3) the Supreme Court extended the detention of a detainee on a security offense in the absence of the detainee, in accordance with the provisions of Section 5, including details of the periods he was held in detention;

(4) a court ordered a hearing to be convened according to the provisions of Section 5 A (b), or 5 B (b);

(5) the court issued an order not to inform the detainee of its decision according to the provisions of Section 5C(b), as well as the date on which the detainee was informed of a decision by the court that was given in a hearing held in absentia as stated in the aforementioned section;

(6) a defense attorney was appointed for the detainee in accordance with the provisions of Section 6;

(7) more than one power of the powers granted according to the provisions of Sections 3A and (3), 4, 5, 5A (b) or 5B (b), and Section 35 of the Arrests Law, were exercised, as well as the details of those powers that were exercised.

Amendment to the Public Defender Law - emergency provision

9. In the Public Defender Law, 1995, in Section 18(A), after Paragraph (14) shall come:

"(15) Whom the court decided to appoint as his defense attorney according to Section 6 of the Criminal Procedure Law (Detainee Suspected of Security Offense) (Emergency Order), 2006."

Validity

10. This law shall remain in effect through 31 December 2012.

Ehud Olmert

Prime Minister

 

Haim Ramon

Minister of Justice

 

Moshe Katzav

President

 

Dalia Itzik

Speaker of the Knesset

 
website by: neora.pro