חוק העמדה לדין בשל אירועי טבח 7 באוקטובר 2023 (טבח שמיני עצרת), התשפ"ו–2026Prosecution for the Events of the 7 October 2023 Massacre (Simchat Torah Massacre) Law, 2026 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Law regulates the prosecution of those who committed offenses during the events of the terror attack of 7 October 2023. It is determined that indictments will be filed with a dedicated military court seated in Jerusalem, which will have authority to adjudicate offenses under any law. This includes authority to adjudicate offenses under the Law for the Prevention and Punishment of the Crime of Genocide, harm to the sovereignty of the state, causing war, and terrorism offenses. The court will be composed of two instances, a first instance and an appellate instance, and will generally sit in panels of three judges. The Law establishes specific arrangements for the appointment of judges from among serving judges, retired judges, and jurists specially selected for these proceedings. Regarding the parties, prosecutors in the proceedings will be appointed by the Chief of Staff upon the recommendation of the Military Advocate General, and regarding the defense, the defendant may choose defense counsel, but it is determined that insofar as the court appoints defense counsel for the defendant, it will not be from the Public Defender's Office and its funding will not come from the state treasury. The proceedings will be subject to the ordinary rules of criminal procedure and evidence law. However, the court is granted general authority to deviate from these rules for reasons to be recorded, if this is necessary for ascertaining the truth and doing justice and does not substantially harm the fairness of the proceedings. In addition, the laws of detention following the filing of an indictment were adapted so that the court is authorized to order extensions of detention for the defendants for periods longer than those established under ordinary law. Regarding the presence of defendants at hearings, it is determined that, as a rule, they will participate in court hearings not through physical presence in the courtroom but by way of video conferencing, except in substantive hearings. The Law further establishes special arrangements concerning the protection of the rights of victims of the offense through a dedicated unit to be established by the Chief Military Prosecutor, and also regulates the publicity of the proceedings, including visual and audio documentation of the hearings and broadcasting parts of them to the public. With regard to administrative preparedness, it is determined that the Chief of Staff will establish a dedicated headquarters responsible for preparedness for the proceedings. In addition, a governmental steering committee headed by the Director General of the Ministry of Defense will be established to outline and supervise the preparedness, and the establishment of a special guard unit in the Israel Prison Service for the military court is regulated. Furthermore, the Law authorizes the Minister of Defense to establish provisions regarding the execution of a sentence imposing the death penalty, and prohibits the early release of prisoners involved in these events.

automatic translation · suggest a correction

Sponsors

Simcha Rothman, Yulia Malinovsky