חוק לתיקון סדרי הדין (חקירת עדים) (תיקון מס' 10), התשפ"ד–2024Law to Amend the Law of Procedure (Examination of Witnesses) (Amendment No. 10), 2024 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Law applies the arrangements established regarding testimony in a criminal trial also to a tort claim filed against a defendant who has been indicted for an offense in which testimony is given by a minor or helpless person who is a victim of a sexual offense, a human trafficking offense, or a severe violence offense listed in the schedule, so that the minor can give their testimony in court in a manner adapted to them. The Law establishes an arrangement whereby, in a criminal trial for a sexual offense or human trafficking offense or for severe domestic violence offenses, the court may order that a minor or a victim of a sexual offense or human trafficking offense give their testimony not in the presence of the defendant, if it is convinced that giving testimony in the defendant's presence may harm the complainant or impair the testimony. The court shall not make such a decision except after giving the parties an opportunity to present their arguments and after the necessary arrangements have been made to enable the court and the defendant to view the testimony. The Law further establishes, regarding minors, that in testimony concerning an offense listed in the schedule to the Law, the defendant shall not personally cross-examine the minor but only through defense counsel. In addition, the Law applies the arrangement established regarding testimony in a criminal trial also to testimony of an adult victim of a sexual offense or human trafficking offense in a tort claim filed against a defendant who has been indicted for such an offense. It is further established that in a case where no indictment has been filed against the defendant, some of the arrangements shall apply, such that in cases of sexual assault or abuse committed against a minor by a family member or a person responsible for them, and in cases of sexual assault committed against a person who has not yet reached the age of 21 through exploitation of an authority relationship or by a family member, the court may determine that the victim shall testify not in the presence of the defendant; however, cross-examination by the defendant shall not be prohibited. It is also established that questioning the victim about their sexual history shall be prohibited. In addition, the schedule to the Law detailing the offenses to which the arrangement regarding minors applies, concerning certain sexual and violence offenses, and relating both to the arrangements established regarding testimony in a criminal trial and to what is established in this Law regarding testimony in a tort claim, was expanded, and additional serious offenses were added to it.

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Debbie Biton, Eli Dallal, Yonatan Mashriki, Avraham Bezalel, Erez Malul, Naama Lazimi, Pnina Tameno, Limor Sonn Har Melech, Dan Illouz