THIS LAW: Prevention of Infiltration (Offences
and Jurisdiction) Law (passed by the Knesset August 16, 1954).
ITS AMENDMENTS: (8.4.60)
No. 52 | |||||||
PREVENTION OF INFILTRATION (OFFENCES AND JURISDICTION) LAW, 5714-1954* |
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Definitions. | 1. In this Law --
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Penalty for infiltrator. |
2. An infiltrator is liable to imprisonment for a term of five years or to a fine of five thousand pounds or to both such penalties. | ||||||
Penalty for infiltrator previously deported from Israel. |
3. A person who infiltrates after having been deported from Israel is liable to imprisonment for a term of seven years or to a fine of seven thousand pounds or to both such penalties. | ||||||
Penalty for armed infiltrator. |
4. A person who infiltrates while armed or in the company of or supported by an armed person is liable to imprisonment for a term of fifteen years or, if lie or the person as aforesaid was armed with a firearm or with explosive or inflammable. material, to imprisonment for life. | ||||||
Penalty for infiltrator who commits certain offences. |
5. An infiltrator who commits a felony or an offence involving damage to property, the use of force or a disturbance of the peace is liable to imprisonment for life. | ||||||
Penalty for sheltering or otherwise aiding an infiltrator. |
6. A person who shelters an infiltrator or otherwise aids an infiltrator in order to facilitate his infiltration or his unlawful presence in Israel is liable to imprisonment for a term of five years or to a fine of five thousand pounds or to both such penalties. | ||||||
Penalty for trading with an infiltrator. |
7. A person who trades with an infiltrator so long as he is unlawfully in Israel is liable to imprisonment for a term of five years or to a fine of five thousand pounds or to both such penalties. | ||||||
Penalty for person who habitually shelters or aides infiltrators. |
8. Where a person has sheltered an infiltrator or has otherwise aided an infiltrator in order to facilitate his infiltration or his unlawful presence in Israel, and the Court is satisfied that he has given such shelter or aid before, that person is liable to imprisonment for a term of fifteen years or to a fine of ten thousand pounds or to both such penalties. | ||||||
Presumption of knowledge. |
9. So long as the contrary is not proved -
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Presumption of infiltration. |
10. A person who enters Israel without permission or who is in Israel unlawfully is, for the purposes of this Law, deemed to be an infiltrator so long as he has not proved the contrary. | ||||||
Establishment of tribunals. |
11. There shall be established Tribunals for the Prevention of Infiltration. | ||||||
Appointment of judges. |
12. The Minister of Defence shall, upon the proposal of the Chief of the General Staff, appoint from among the officers of the Defence Army of Israel judges for Tribunals for the Prevention of Infiltration. | ||||||
Kinds of tribunals. |
13. There shall be two kinds of Tribunals for the Prevention of Infiltration:
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Presiding judge to be soldier with legal training. |
14. There shall not be appointed as presiding judge of a three-man tribunal any person other than a soldier with a legal training, within the meaning of regulation 168 of the Army Code, 5708(1). | ||||||
Appointment of prosecutors. |
15. The Chief of the General Staff shall appoint prosecutors for the Tribunals for the Prevention of Infiltration. One of them shall be appointed Chief Prosecutor. | ||||||
Powers of one-man Tribunal. |
16. A one-man Tribunal shall be competent to try any offence under this Law and for that purpose shall, in addition to its powers under this Law, have all the powers of a District Court in criminal matters; provided that a judge sitting alone who is not a soldier with a legal training, as defined in section 14, shall not impose a penalty of imprisonment for a term exceeding two years or a fine exceeding one thousand pounds. | ||||||
Information. | 17. An information addressed to a one-man Tribunal shall be filed by a prosecutor. | ||||||
Defence of the accused. |
18. When an information has been filed, the Tribunal may, either on the application of the accused or on its own motion, appoint a defence counsel for an accused person who has not himself chosen a defence counsel. | ||||||
Dis- continuance of proceedings. |
19. The Attorney General may, at any time before judgment, order a stay of proceedings in a one-man Tribunal. | ||||||
Appeal. | 20. The accused and the Chief Prosecutor may appeal against any judgment of a one-man Tribunal to a three-man Tribunal within fifteen days from the day on which the judgment is read. | ||||||
The respon- dent in an appeal and his representa tive. |
21.
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Power of three-man Tribunal. |
22. A three-man Tribunal dealing with an appeal under this Law shall have all the powers of a District Court sitting as a Court of Criminal Appeal. | ||||||
Finality. | 23. A judgment given by a three-man Tribunal is final and non-appealabIe. | ||||||
Non-enter- tainment of plea of defect. |
24. A Tribunal for the Prevention of Infiltration shall not entertain the plea of a defect in the form or contents of the summons of the accused or the indictment if it appears to it, for reasons to be specified in its decision, that the non-entertainment of the plea is not likely to cause a miscarriage of justice. | ||||||
Deviation from rules of evidence. |
25. A Tribunal may deviate from the rules of evidence if satisfied that this will assist the discovery of the truth and the just handling of the case ; where the Tribunal has decided to deviate from the rules of evidence as aforesaid it shall record the reasons which prompted its decision. | ||||||
Procedure. | 26.
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Arrest and search. |
27. The Criminal Procedure (Arrest and Searches) Ordinance(2) applies to a person charged with an offence under this Law with the following modifications:
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Release on bail. |
28. The Release On Bail Ordinance, 1944(3), applies to a person charged with an offence under this Law with the following modifications:
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Execution of judgement. |
29. A judgment of a Tribunal for the Prevention of Infiltration shall, as to everything relating to its execution, have the effect of a judgment of a civil court, and it shall be enforced immediately upon being given unless the Tribunal otherwise directs. | ||||||
Deportation. | 30.
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Release from imprisonment for the purpose of deportation. |
31. Where an order under section 30 has been made and the infiltrator is, for any reason whatsoever, under imprisonment, he may be released from imprisonment for the purpose of enforcing the order even if the term of his imprisonment has not yet expired. | ||||||
Cover of expenses. |
32. The authority who has made an order under section 30 may direct that the expenses of enforcing deportation orders against the infiltrator and against other infiltrators dependent on him shall be covered out of the money or other property of the infiltrator. | ||||||
Law to have additive, derogatory effect. |
33. This Law shall not affect the criminal responsibility of a person under any other Law or the power of another court to try an offence against this Law or the power of any other authority. | ||||||
Period of operation of Law. |
34. This Law shall expire when a declaration of the Knesset is published, under section 9(d) of the Law and Administration Ordinance, 5708-1948(6), that the state of emergency has ceased. | ||||||
Implementa- tion. |
35. The Minister of Defence is charged with the implementation of this Law and may make regulations as to any matter relating to such implementation. | ||||||
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* Passed by the Knesset on the 17th Av, 5714 (16th August, 1954) and published
in Sefer Ha-Chukkim No. 16, of the 27th Av, 5714 (26th August, 1954),
p. 160; the Bill and an Explanatory Note were published in Hatza'ot Chok
No. 161 of 5713, p. 172.
(1) I.R. of 5708, Suppl. II. No. 20, p. 106. |
RETURN: to the TOP of this Law.
THIS LAW: Prevention of Infiltration (Offences
and Jurisdiction) Law (passed by the Knesset August 16, 1954).
ITS AMENDMENTS: (8.4.60)
SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew, Volume 8". Government Printer, Jerusalem, Israel (1948-1987), p. 133-7.
(C) Israel Law Resource Center, February, 2007.