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Military Orders Order regarding Security Provisions [Consolidated Version] Chapter C – Detainment, Arrest, Release, Search, Seizure and Forfeiture (21-69)
Chapter C – Detainment, Arrest, Release, Search, Seizure and Forfeiture (21-69) Print E-mail
Order regarding Security Provisions

Article A – General Provisions

Applicability

21. Provisions of this chapter and provisions issued by virtue thereof shall further apply to an offense under security legislation, to an offense under another law applicable in the Area and to an act, omission or attempt executed in Israel or territory held by the IDF which is punishable by law or security legislation applicable to the place in which it was committed.

Article B – Detainment

Detainment

22. (A) In this section –

detainment” – restricting the liberty of a person to move freely due to suspicion that he has committed an offense or to prevent the commission of an offense when the restriction of liberty is confined in advance in time and purpose, as stipulated in this section.

(B) If a soldier has a reasonable basis to suspect that a person has committed an offense of security legislation, or that he is about to commit an offense that is liable to endanger the well-being or security of a person, or the public order or security, the soldier is authorized to detain him in order to ascertain his identity and address, or to question him and deliver documents to him in the place where he is at.

(C) A soldier is entitled to demand that a person accompany him to a place where there is a person lawfully authorized to investigate or to summon him to a place where there is a person lawfully authorized to investigate at a date to be set, if these two apply:

(1) There is a reasonable basis to suspect that he has committed an offense or there is a high likelihood that he is about to commit an offense as stipulated in Subsection (B).

(2) The identification was insufficient, or it was not possible to question him at the site.

Detainment of witness at site

23. (A) If a soldier has a reasonable basis to suspect that an offense has been committed or that an offense is about to be committed that is liable to endanger the well-being or security of a person, or the public well-being or security of the region, the soldier is authorized to detain a person who is can provide information pertaining to this offense in order to ascertain his identity and address. He is also authorized to summon him to a place where there is a person lawfully authorized to investigate, to be scheduled at a reasonable date in order to carry out those actions.

(B) If the identification is not sufficient, or if there is concern that the person shall not appear for the investigation at the scheduled time, the soldier is authorized to request that the person accompany him to a place where there is a person lawfully authorized to investigate, in order to take testimony.

Detainment for search

24. When a statute provides the authority to search a place, a person’s instruments or body or vehicle, or the authority to demand that a person present documents, the holder of that authority is empowered to detain a person in order to enable a search or examination of documents, and he is also authorized to demand that a person give his name and address.

Detainment for execution of arrest warrant

25. (A) If a soldier has a reasonable basis to suspect that an arrest warrant or an imprisonment order has been issued against a person, he is authorized to detain him until receiving a copy of the order, in order to execute the arrest or imprisonment in accordance therewith.

(B) If it is not possible to obtain a copy of the order at the site, a soldier is authorized to demand that this person accompany him to a place where there is a person lawfully authorized to investigate, in order to receive the order and execute the arrest or imprisonment in accordance therewith.

Duration of detainment

26. (A) A person shall not be detained beyond the reasonable time required, in the circumstances of the case, for carrying out the activity for which the detainment authority is provided by law.

(B) In any case, a person or vehicle shall not be detained for a period of time exceeding three hours; however, an IDF officer with the rank of lieutenant colonel and above or a police officer is authorized to extend the detainment for an additional period of time not to exceed three additional hours, for reasons that are to be recorded.

Detainment report

27. At the conclusion of the detainment, the person who conducted the detainment shall compose a report detailing the name of the person who was detained, the reason for the detainment and the duration of the detainment, if one of the following applies:

(1) The person was brought to a place where a person lawfully authorized to investigate is present;

(2) The person was detained for a period of three hours or longer.

Precedence of detainment

28. A person shall not be arrested under Article C of this chapter if it detainment is sufficient; however, this does not impinge upon the validity of arrest.

Article C – Arrest and Release

Place of detention

29. (A) A detainee in accordance with this order shall be held in custody in a place to be determined by a military commander.

Execution of arrest warrant

30. An arrest warrant under this article shall be executed by a soldier.

Arrest by soldier without arrest warrant

31. (A) A soldier is authorized to arrest, without an arrest warrant, any person violating the provisions of this order or if there is cause to suspect that he committed an offense under this order.

(B) A person arrested in accordance with Subsection (A) shall be transferred as soon as possible to a police station or place of detention as determined in this order.

(C) An arrest warrant against a person arrested in accordance with Subsection (A) must be received within a reasonable time; if an arrest warrant is not given within 96 hours from the time of his arrest, he shall be released.

(D) The Commander of IDF Forces in the Area is entitled to authorize any person to order the release of a person arrested in accordance with Subsection (A), provided that no arrest warrant under the provisions of this article was issued against the detainee.

Arrest by a policeman

32. (A) A police officer, who has reasonable grounds to believe that a person violated the provisions of this order or it became known to him that the investigation material gathered against the arrested person as noted in Subsection 31(A) require the continuation of his arrest, is authorized to issue an arrest warrant in writing and for a period no longer than eight days from the time of his arrest.

(B) If an arrest warrant as noted is issued for a period shorter than eight days from the time of his arrest, a police officer is authorized to extend it in writing from time to time, provided that the total arrest period does not exceed eight days from the time of the arrest.

Combat arrest

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

“detainee” – one arrested in the Area during operational activity in the fight against terror and the circumstances of his arrest raise suspicion that he endangers or is liable to endanger the security of the region, the security of the IDF forces or security of the public.

“officer” – an IDF officer with the rank of at least captain or a police officer with the rank of at least commander.

(B) An officer is authorized to order in writing the holding of a detainee in detention for a period no longer than eight days from the day he was brought to the detention facility (hereinafter - period of detention).

(C) An officer is authorized to order the release of an detainee prior to the conclusion of the period of detention, if he finds there is no longer a need for detention.

(D) (1) Notwithstanding the aforementioned in sections 56 and 58, the detainee shall not meet with his attorney during two days from the day of his arrest.

(2) Prevention of a detainee's meeting with an attorney at the conclusion of two days from the day of his arrest shall be done in accordance with subsections 58(C) and (D).

Release from detention by police officer

34. A police officer is authorized to order the release of a person arrested in accordance with sections 31(A) or 32, conditionally or without any conditions.

Release from detention by military court

35. A judge is authorized to order the release of a person arrested in accordance with sections 31(A) or 32, conditionally or without any conditions, and to order a change in the release conditions defined by a police officer.

Request for release

36. (A) A person arrested in accordance with sections 31(A) or 32 against whom an arrest warrant has not yet been issued by a judge, is entitled to turn to a judge with a request to order his release or to order a change in the conditions determined for his release by a police officer.

(B) A request for release not presented during the hearing on issuing the arrest warrant, a request for a review or an appeal shall be submitted in writing with copies of the decision regarding the arrest and the protocol of the hearing, and shall contain a summary of their reasons; if these were preceded by requests for release or requests for review or other appeals – copies of them shall be attached to the same requests and appeals and with the protocol of their hearing; however, a judge is entitled, for reasons he deems appropriate, to consider the request even if the aforementioned copies were not attached.

Remand

37. A judge is authorized to give an arrest warrant and extend the length of detention, provided that the arrest warrant or the remand does not exceed a period of thirty days at a time, and that the total period of detention in accordance with this section not be longer than ninety days.

Remand for a period exceeding three months

38. A judge of the military court of appeals is authorized, at the request of the legal advisor of the region, to order the remand of a person arrested in accordance with Section 37 or his renewed arrest, for a period not to exceed three months; if an arrest warrant as noted is given for a period shorter than three months, a judge of the military court of appeals is authorized to extend it from time to time, provided that the total period of detention in accordance with this section does not exceed three months.

Remand for the purpose of administrative detention

39. A judge is authorized to extend the detention of a person arrested under this article for a period not to exceed 72 hours, if a military prosecutor declares that there is an intention to bring the detainee’s case before the military commander, as defined in Section 285(A), for him to consider issuing an administrative detention order, and if the judge is persuaded that the circumstances of the case justify the extension of the detainee’s arrest for this period. In this context, Sabbaths and holidays shall not be included in the hour count.

Release from detention by order of judge

40. (A) A person arrested by an arrest warrant of a judge shall be released solely by order of a judge.

(B) Notwithstanding the aforementioned in Subsection (A), a police officer, whose rank is not lower than that of superintendent, is authorized to order the release of a person arrested by arrest warrant of a judge prior to the end of the period of arrest as determined by the judge, unless the judge determined that the detainee shall be brought before him, or that the detainee so requested, or if the detainee was arrested by order of a judge until the conclusion of his trial.

Deferral of release.

41. (A) If a judge decides to release an arrestee and the applicant who requested the arrest announces, when this decision is issued, his intention to appeal it, the judge is authorized to order a deferral of the execution of the release for a period not to exceed 72 hours; in this context, Sabbaths and holidays shall not be included in the hour count.

(B) If a judge decides to release a detainee and a military prosecutor declares, when this decision is issued, that he intends to bring the arrestee’s case before the military commander as defined in Section 285 (A) for him to consider issuing an administrative detention order against him, the judge is authorized to order the deferral of the execution of release for a period not to exceed 72 hours, if persuaded that the circumstances of the case justify deferral of the detainee’s release for this period; in this context, Sabbaths and holidays shall not be included in the hour count.

Release on bail

42. (A) Release on bail can be on personal bond of the detainee or defendant, either alone or in addition to the guarantee of a guarantor or a monetary guarantee of the detainee or the guarantor or some of each, all as ordered by the police officer or court that determined the provision of bail as a condition for release.

(B) Release on bail in accordance with this section is on condition that the released person shall appear at any time requested for interrogation, for a trial, or for serving his punishment, and the military court is authorized to add any conditions it finds necessary, inter alia the military court is authorized to condition the release on bail upon deposit of the released person's passport, and prohibit him to leave the region.

(C) If a person was released on bail a soldier is authorized, whether at his own initiative or in accordance with a petition by the guarantor, if he has a reason to believe that the released person is about to flee justice, to arrest the released person without an arrest warrant. A released person arrested in accordance with this section shall be treated as noted in Section 31(B).

(D) At the request of a military prosecutor the military court is authorized, when proven thereto that the released person violated one of the conditions of his release, to order the arrest of the released person. The court is also authorized to order -
(1) Payment ofthe monetary guarantee in its entirety or in part to the regional command. Such order shall be considered as a fine not paid on time;
(2) The forfeiture of the guarantee, in its entirety or in part, to the regional command.

(E) At any time following the issuing of an order in accordance with Subsection (D), the military court is authorized, for reasons to be noted, to annul or alter it as it sees fit.

(F) A person released on bail in accordance with the instruction of a police officer may, within seven days from the provision of bail or guarantee, appeal to the military court of first instance regarding the amount of bail or guarantee.

(G) If a convict was convicted in a ruling of a military court of first instance, the court which convicted him may release him on bail at any time up until the ruling has become peremptory; if an appeal was submitted and is being heard, the military court of appeals shall be vested with this authority.

(H) The guarantee and conditions of release on bail shall be canceled if an indictment is not served against the person released on bail within two years of the date on which the conditions of release were stipulated; however, the court is authorized, upon request of a military prosecutor, to extend the bail and its conditions for an additional period not to exceed three months.

(I) The provisions of Subsection (H) shall apply to bail and conditions of release on bail determined after 24.06.09.

Detention pending conclusion of proceedings

43. If an indictment is submitted, a judge shall be authorized to order the detention of the defendant until the end of his trial.

Detention prior to verdict

44. (A) If a defendant, after the filing of charges against him, was held

In detention under the same indictment for a cumulative period of up to two years, and his trial in the first instance did not end with a verdict, his matter will be brought before a judge of the military court of appeals.

The judge will hear the matter of the defendant and order his release, conditionally or without conditions, unless the judge believes that the circumstances of the matter, including the severity of the offense attributed to the defendant and his level of dangerousness, the fear of his fleeing justice and the reasons for the prolonging of proceedings, do not justify his release.

(B) If a judge decides that the circumstances of the matter do not justify release of the defendant, the judge is entitled to order the continued holding of the defendant under detention for a period not to exceed six months, and to reorder this from time to time.

Appeal

45. (A) An arrestee, a person conditionally released from arrest, a police officer and a military prosecutor are entitled to appeal the decision of the judge of the first instance in a matter concerning arrest or release or request of review, before a judge of the military court of appeals.

(B) The proceedings in an appeal, including the presence of litigants, shall be as directed by the judge.

Authority of detention in appeal

46. If a military prosecutor appeals an arrest, the authority to arrest resides with the judge of the military court of appeals.

Review

47. A detainee, a person conditionally released from arrest, a police officer and a military prosecutor are entitled to make a request in writing to a judge to review a decision he issued in the matter of the detention or release, including a decision in accordance with this section, if new facts arise or the circumstances have changed, including time elapsed from the day of arrest, and if this may change the judge’s previous decision.

In any event the detainee is entitled to submit a request for review at the end of one year from his arrest and after any additional six months. However, if the hearing of the appeal of the verdict given by the military court of first instance has begun, a judge of the military court of appeals shall decide on the request.

Authority in review and appeal

48. In a review or appeal, the judge is entitled to sustain the decision being appealed, change it or cancel it and grant another instead thereof.

Deferral of release

49. If the military court issued a ruling and a military prosecutor announces that the prosecution intends to submit an appeal of the decision of the court, the court is authorized to release the defendant on bail for reasons to be noted, or order the detention of the defendant for a period not to exceed 72 hours for the filing of a writ of appeal.

Detention after appeal

50. If a military prosecutor submitted an appeal of a ruling, the arrest authority is given to a judge of the military court of appeals.

Presence of detainee in arrest hearings

51. An arrest hearing under this section, including a review hearing, will be held in the presence of the detainee, except in one of the following cases:

(A) If the detainee requests not to be present at the hearing;

(B) If the judge is convinced, based on a physician’s opinion, that the detainee is unable to participate in the hearing due to his health condition; in this event, the hearing will be held in the presence of his attorney, or if he is not represented the judge will appoint a defense attorney for him until he is able to appear in court; if the reason preventing his attendance no longer applies and the period of detention is not yet over, the detainee shall be entitled to request another hearing.

Presence of detainee in security offenses

52. (A) In this section, the meaning of the expressions “detainee” and “approving authority” will be as defined in Section 58.

(B) Notwithstanding the provisions of Section 51, the military court is authorized, upon the request of a military prosecutor, to order the detention of a detainee without the detainee’s presence for special reasons to be noted for a short period indispensable under the circumstances not to exceed 24 hours, if the court is convinced that the release of the detainee would significantly harm the security of the region or the security of the State of Israel or public order; in this context, Sabbaths and holidays shall not be included in the hour count.

(C) Notwithstanding the provisions of Section 51, the military court is authorized, upon the request of a military prosecutor, to order the detention of a detainee without the detainee’s presence for special reasons to be noted for a short period indispensable under the circumstances not to exceed 72 hours, and if the court is convinced that due to the security circumstances prevailing in the region there is a real difficulty in bringing the detainee to his remand hearing; in this context, Sabbaths and holidays shall not be included in the hour count.

(D) If the court orders the arrest of a detainee under Section 37, in the presence of the detainee, for a period of less than 25 days, the court is authorized, without his presence – notwithstanding the stipulations of Section 51 – to extend his detention for a period not to exceed the period remaining until the end of the 25-day period since the date of the hearing held in his presence, if such a request is submitted, with the approval of the approving authority and if the court is convinced that a cessation of the investigation is liable to undermine the prevention of an offense according to the law or security legislation listed in the second appendix or injury to human life.

(E) Notwithstanding the stipulations in Subsection (A), the military court is authorized to order a hearing of an appeal under Section 45 or of a request for a review under Section 47, not in the presence of the detainee, if such a request is submitted with the approval of the approving authority, and it is convinced that a cessation of the investigation is liable to cause real harm to the investigation.

(F) A hearing that is held not in the presence of a detainee, under subsections (B) to (D) will be held in the presence of the detainee’s defense attorney, and if he is not represented, the judge shall appoint a defense attorney for him; however, if a defense attorney is not present in said hearing, the judge shall appoint a defense attorney for the purposes of the hearing stipulated in this section only, and is authorized to order the remand, as stated in subsections (B) to (D), for short periods indispensable under the circumstances, until the defense attorney is present in the hearing.

(G) The military court is authorized to order that a hearing of a request to hold a hearing not in the presence of the detainee, in accordance with paragraphs (B) to (E), in part or in its entirety, shall be held in the presence of one party only or in camera.

(H) Subsections (D) and (E) shall be in effect until 29.12.2010.

Giving notice upon arrest

53. (A) If a person is arrested, notice of his arrest and location shall be given without delay to a person related to him, unless the detainee requested that such notice not be given.

(B) Notwithstanding the aforementioned in Subsection (A), if the detainee is a minor, information about his arrest and location shall be provided without delay to one of his parents, and if it is not possible to notify a parent – to a person related to the minor; however, if there is fear that the notice shall harm the well-being of the minor, information shall not be provided but to the person appointed by the Commander of IDF Forces in the Area for this purpose.

(C) At the request of the detainee, a notice as noted in Subsection (A) shall further be made to a lawyer named by the detainee.

(D) If a person was arrested and brought to a detention facility, the commander of the facility shall notify him, close to the time of his arrival at the facility, of his aforementioned rights under this section.

(E) Subsections (C) and (D) shall not apply to a detainee as defined in Section 58.

Deferral of notification of arrest by military court

54. (A) Notwithstanding the provisions of Section 53 a judge is authorized to permit not to provide notification of arrest of a person arrested for an offense punishable by imprisonment of more than three years or that notification be given only to a designated person, if he is convinced that reasons of security of the region or investigation requirements mandate the confidentiality of the arrest.

(B) Authorization in accordance with Subsection (A) shall be for a period not to exceed 96 hours. A judge is authorized to extend it from time to time, provided that the total period does not exceed eight days.

(C) A request under Subsection (A) shall be heard ex parte, on behalf of the applicant a military prosecutor or a policeman of the rank of inspector or higher shall present themselves.

Deferral of notification of arrest – suspect of offense under Appendix

55. (A) For the purpose of this section – “detainee” – as defined in Section 58.

(B) If the head of the investigation team of the General Security Services or an officer of the rank of lieutenant colonel or above (so authorized by the Commander of IDF Forces in the Area upon recommendation of the head of Military Intelligence) believes that the needs of interrogation mandate this, he is entitled to order a deferral in the notification of the arrest for a period not to exceed 24 hours from the time of arrest.

(C) If a person is detained, a judge is authorized to permit not giving notice of his arrest or that the notice be given only to the person he determines, if he is convinced that for reasons of security of the region or interrogation needs necessitate this.

(D) Authorization in accordance with Subsection (C) shall be for a period or for periods which together shall not exceed 12 days, and the days of deferral of notice of the detainee's arrest in accordance with Subsection (B) shall be counted among the aforementioned 12 days in this subsection.

Meeting with attorney

56. (A) A detainee is entitled to meet with an attorney and consult with him.

(B) A meeting of the arrestee with his attorney shall be conducted in private and in conditions which ensure the confidentiality of the conversation, yet in a manner which permits supervision of the arrestee's movements and behavior.

(C) If the detainee requested to meet with his attorney, or an attorney appointed by a person related to the detainee asked to meet with the detainee, the commander of the detention facility shall permit this as soon as possible.

(D) If the detainee is in interrogation proceedings or other actions related to the investigation, and a police officer of the rank of chief inspector or higher finds that disrupting the interrogation proceedings or actions is liable to thwart the investigation, he is authorized to order, in a written and detailed decision, that a meeting of the detainee with an attorney be delayed for a few hours, and this applies if the meeting is liable to thwart or disrupt the arrest of additional suspects in the same matter.

(E) Notwithstanding the aforementioned in Subsection (C), a police officer of the rank of superintendent and higher, in a detailed written decision may order not to permit a meeting of a detainee with a lawyer for a period no longer than 96 hours from the hour of arrest, if he is convinced that this is required for maintaining the security of the region or of human life or to thwart a an offense punishable by three years or more.

(F) Subsections (C) through (E) shall not apply to a detainee arrestee as defined in Section 58.

Preventing meeting with attorney by military court

57. (A) Notwithstanding the provisions of Section 56 a judge is authorized to permit that a detainee shall not meet an attorney if he is convinced that reasons pertaining to the security of the region or investigation requirements necessitate the confidentiality of the arrest.

(B) Authorization under Subsection (A) shall be for a period not to exceed 96 hours and a judge is authorized to extend it from time to time provided that the total period does not exceed 8 days.

(C) A request under Subsection (A) shall be heard ex parte, on behalf of the applicant a military prosecutor or a police officer of the rank of inspector or higher shall present themselves.

Preventing meeting with attorney – suspect of offense under Appendix

58. (A) In this section and in Section 59:

“detainee” – a detainee suspected of an offense under the law or the security legislation specified in the Appendix: as well as a detainee arrested under the provisions of Chapter H and suspected of an offense that, had it been committed in the Area, would constitute an offense under the law or security legislation specified in the Appendix.

“Supervisor of interrogation” is one of the following:

(1) A police officer of the rank of superintendent or higher;

(2) Head of an investigation team in the General Security Services;

(3) An IDF officer so authorized by the Commander of IDF Forces in the Area.

“Permitting authority” – is one of the following:

(1) A police officer of the rank of chief superintendent or higher.

(2) Head of the Investigations Department at the General Security Services.

(3) An IDF officer of the rank of lieutenant colonel and higher so authorized by the Commander of IDF Forces in the Area.

(B) If a detainee requested to meet with his attorney or an attorney appointed by a person related to the detainee asked to meet with the detainee – the supervisor of interrogation shall allow the meeting if he sees no reason to defer it as noted in subsection (C) and (D).

(C) The supervisor of interrogation is authorized, in a written decision, to forbid a meeting of the detainee with a lawyer for a period or periods which together shall be no longer than 15 days from the date of arrest, if he reasons this is necessary for reasons of security of the region or the good of the interrogation necessitates this.

(D) The permitting authority is authorized, in a written decision, to forbid a meeting of the detainee with a lawyer for an additional period or additional periods which together shall not exceed 15 days, if convinced that this is necessary for reasons of the security of the region or the good of the interrogation necessitates this.

(E) Notwithstanding the decision in accordance with subsection (C) and (D), the supervisor of the interrogation shall permit the detainee to meet with his attorney if the interrogation has ended.

Preventing meeting with attorney by a military court – suspect of offense under Appendix

59. (A) If a person is detained, a judge is authorized to allow that the detainee shall not meet an attorney if he is convinced that reasons pertaining to the security of the region or the good of the interrogation necessitate this.

(B) Authorization under Subsection (A) shall be for a period or periods not to exceed 30 days, but the provisions of this subsection do not detract from the power under Section 58, and the days of deferral of meeting under Section 58 shall not be included in the 30-day period stipulated in this subsection.

(C) The president or vice-president of the military court of first instance is empowered to extend the aforementioned period in Subsection (B) for an additional period or periods which together shall not exceed 30 days, if the Commander of IDF Forces in the Area confirmed in writing that special reasons of security of the region necessitate this.

(D) If charges were filed in the military court, the aforementioned authorization in subsections (B) and (C) is annulled beginning from the time when the charges were filed.

Article D – Seizure and Forfeiture

Seizure

60. Any soldier or authorized body so appointed is empowered to seize and arrest goods, objects, animals, documents or objects (hereinafter in this article – “goods”) regarding which they have reason to suspect that an offense under this order was committed or is about to be committed, or that they were given in reward for the execution of such an offense         or as a means of its execution, or were used for committing any    offense as noted or as a means of committing it, or used for committing any such offense or for facilitating its execution, or they have reason to believe that these may serve as evidence for any offense under this order.

Goods used for committing an offense

61. Goods regarding which an offense under this order was committed, or that were given in reward for committing an offense as noted or as a means for committing or for facilitating the execution of the offense – shall be treated as ordered by the regional commander.

Goods not used for committing an offense

62. If goods were seized in accordance with this article and were later discovered not to have been used to commit any offense under this order, or in reward for committing an offense as noted, or as a means of committing it or facilitating its execution, or are not to serve any longer as evidence for an offense under this order – they shall be released in accordance with instructions of the Commander of IDF Forces in the Area.

Conflicting claims of ownership of goods

63. If an order is given to release goods seized under this section and different claims to the goods are submitted which contradict each other, the military prosecutor shall refer to the president of the military court of first instance, or to whom the president shall determine for this matter, a request to order what shall be done with the goods; if the aforementioned request is submitted, any person claiming the goods is entitled to appear before the president of the military court, or the one whom the president appointed in this matter, to demand his right to the goods.

Expenses of seizure and holding of goods

64. The owners of the goods seized under this section or anyone who held the goods at the time of their seizure, shall be obligated to pay expenses for the seizure and holding of the goods, in accordance with the instructions of the Commander of IDF Forces in the Area.

Forfeiture of goods

65. (A) The military court is authorized, in addition to any punishment it may impose, to order the forfeiture of goods seized under Section 60-

(1) If a person was convicted of an offense committed regarding the goods, or if the goods were given in reward for the execution of an offense, or as a means of execution or if they were used to facilitate its execution; or

(2) If possession of the goods is prohibited in accordance with law or security legislation.

(B) Goods shall not be forfeited in accordance with Subsection (A) if the owner of the goods proves that he was not involved in committing the offense, and that he did anything possible to prevent the offense, provided that possession of the goods is not prohibited by law or security legislation.

(C) Order of forfeiture in accordance with this section can be given either by a sentence or by petition of a prosecutor.

Claim of ownership or right

66. (A) If a person not involved in committing the offense claims ownership of goods forfeited under this article or a right over them, he is entitled to request from the military court to annul the order and the court is authorized to do so and order delivery of the goods to the applicant’s ownership or realization of right, as the case may be.

(B) If an order of forfeiture concerning goods that were sold was annulled, they shall be substituted by their sale price. If the goods were lost – the military court is authorized, if convinced that there was a crime or negligence in their safeguarding, to obligate the one responsible for their safeguarding to indemnify the damage at an amount to be determined.

Article E – Search

Searching places

67. An officer or a soldier so authorized in general or in a specific instance is authorized to enter, at any time, any place, vehicle, boat or airplane for which there may be reason to suspect use, or were used for any purpose which harms public peace, security of the IDF forces, the maintenance of public order, or for purposes of uprising, revolt or riots, or there is reason to suspect the presence there of a person who violated this order, or goods, objects, animals, documents to be seized in accordance with this order, and they are authorized to search any place, vehicle, boat or airplane and any person on them or coming out of them.

Searching persons

68. Any soldier is authorized to detain and search any person for whom there is reason to suspect that he is using any object liable to seizure in accordance with this order, or any animal regarding which there is room to suspect that it has such object thereon.

Positioning transport vehicles for search

69. (A) A person authorized under this order to enter any vehicle, boat or airplane is authorized to position or stop them by using force if necessary.

(B) A person in control of, or responsible for any vehicle, boat or airplane, who does not stop them immediately when required to do so, whether verbally or through a sign or any other means by a person authorized to do so – shall be charged with an offense under this order.

 
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