Israel: Information on the offence of kidnapping, and the corresponding punishment upon conviction
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 December 1994 |
| Citation / Document Symbol | ISR19087.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Israel: Information on the offence of kidnapping, and the corresponding punishment upon conviction, 1 December 1994, ISR19087.E, available at: https://www.refworld.org/docid/3ae6aaae4b.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
A representative of the Jerusalem-based Association for Civil Rights in Israel, a politically independent human rights organization with four offices in Israel, provided the following information in telephone interviews on 9 and 24 November 1994.
In Israel there is a general offence for kidnapping and a separate offence for kidnapping or abducting a minor under the age of 16 from his/her legal guardian. The latter offence is termed "kidnapping from custody" and is covered under article 373 of the criminal code. Article 373 refers to the removal from the custody of the legal guardian without the guardian's consent of a minor under 16 or a person who is not sane, either by action or enticement. The maximum penalty for this offence is 20 years imprisonment. The representative did not know what length of sentences those convicted actually receive, since this crime is relatively infrequent in Israel.
If the above offence is accompanied by an intent to murder or to place the abducted person in danger of being murdered, the penalty is a mandatory life sentence. A presidential pardon may occur after a portion of the life sentence has been served.
Article 369 of the criminal code stipulates that the penalty for the general offence of kidnapping is 10 years imprisonment. The representative added that it is possible, but highly unlikely, that an individual charged with kidnapping could be prosecuted under the general offence of kidnapping if the alleged victim(s) were under the age of 16. Please find a copy of the relevant criminal code articles (in Hebrew) as provided by the Association for Civil Rights in Israel.
In a telephone interview on 7 December 1994, a professor of law at Hebrew University in Jerusalem provided the following information. It is within the discretion of the Attorney General to substitute an offence with a lesser penalty, and this is occasionally done if it is considered to be in the public interest. The Attorney General has the authority to charge an individual under article 373 of the criminal code instead of article 369 of the criminal code. The courts do not have the right to determine the charge, although they can decide in the final decision that a lesser offense was committed.
In a telephone interview on 7 December 1994, a professor of law at Haifa University provided the following information. It is the prerogative of the Attorney General to decide the offence for which a person is to be charged. However, the professor added that he was unaware of any legal precedent whereby a person accused of kidnapping a minor was charged under the general offence.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Association for Civil Rights in Israel, Jerusalem. 24 November 1994. Telephone interview with a representative.
. 9 November 1994. Telephone interview with a representative.
Professor of law, Haifa University, Haifa. 7 December 1994. Telephone interview.
Professor of law, Hebrew University, Jerusalem. 7 December 1994. Telephone interview.
Attachment
Association for Civil Rights in Israel. 24 November 1994. Document (in Hebrew) faxed to DIRB, Ottawa.