Criminal Procedure Code at Israel
Israel's criminal procedure is governed by the Criminal Procedure Law (CPL), 5742–1982, enacted by the Knesset on March 1, 1982. This law provides the legal framework for the prosecution of criminal offenses in Israel, outlining procedures from arrest through to trial and appeal. (WIPO Lex, Member Profile, Israel)
📘 Overview of the Criminal Procedure Law (CPL)
The CPL is divided into several key parts:
General Provisions: Establishes the scope and objectives of the law.
The Parties and Their Representatives: Defines the roles of the prosecution, defense, and the judiciary.
Arrest and Release: Outlines the conditions under which individuals may be arrested and the procedures for their release.
Proceedings Prior to Trial: Covers the investigation phase, including the rights of suspects and the conduct of interrogations.
Proceedings at Trial: Details the conduct of criminal trials, including the presentation of evidence and the examination of witnesses.
Appeal: Specifies the procedures for appealing convictions and sentences.
The CPL emphasizes an accusatory system of justice, where the judge serves as an impartial arbiter, and the prosecution bears the burden of proof. Defendants are presumed innocent until proven guilty and have the right to remain silent. Confessions are admissible only if made freely and voluntarily. (Israeli Criminal Procedure Law | Office of Justice Programs)
⚖️ Amendments and Reforms
Over the years, the CPL has undergone several amendments to address emerging legal challenges and to align with international human rights standards. Notably:
Criminal Procedure (Amendment No. 11) Law, 5750–1990: Amended sections 221, 228, and 229 of the CPL to modify procedures related to finable offenses and the option of trial. (NATLEX - Israel - Criminal Procedure (Amendment No. 11) Law, 5750-1990 (No. 37).)
Criminal Procedure Law (Interrogation of Suspects) 2002: Introduced provisions for the recording of interrogations to safeguard against coercion and to ensure the integrity of confessions. (The Amendment of the Criminal Procedure Law - The Israel Democracy Institute)
Amendment in 2012: Extended an exemption allowing the Israeli Police and the Israel Security Agency to refrain from documenting interrogations of suspected security offenders by means of audio or video recording. This amendment has been subject to criticism due to concerns about the potential for abuse and the lack of oversight. (The Amendment of the Criminal Procedure Law - The Israel Democracy Institute)
📚 Accessing the Law
For those interested in reviewing the full text of the Criminal Procedure Law, the Israel Democracy Institute provides an English translation and analysis of the law. (The Amendment of the Criminal Procedure Law - The Israel Democracy Institute)
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