חוק לתיקון פקודת הראיות (מס' 16), התשע"ו-2015Law to Amend the Evidence Ordinance (No. 16), 2015 · automatic translation · suggest a correction

Official summary of the law (Knesset)

Sections 3 and 4 of the Evidence Ordinance [New Version], 1971 (hereinafter – the Ordinance) establish a rule whereby spouses and parents and children are not competent to testify against one another. However, Section 5 of the Ordinance establishes an exception to this rule, whereby testimony will be permitted in a criminal trial regarding offenses listed in that section, including violent offenses, offenses harming minors and helpless persons, sexual offenses within the family, and offenses of violating a protection order. In the amendment to the Evidence Ordinance (Amendment No. 16), 2015, several amendments were made to Section 5 of the Ordinance. An additional exception to the aforementioned rule was established, whereby a person who chooses to file a complaint against a relative will be competent and required to testify against them, even if it is a criminal trial for an offense not listed in the section. Competence to testify will arise only where the relative chose to file a complaint with the police, and not in a case where they gave a confession to the police when it sought to take testimony from them. It was further established that the exception will apply whether the relative filed the first complaint in the matter, or whether a complaint had already been filed in the same matter by another person, and it was clarified regarding all the exceptions that they apply whether the relative is themselves the victim or not. In addition, in light of the provisions of the General Part of the Penal Law, 1977, which establish that any law applicable to the principal commission of an offense also applies to derivative offenses, the explicit provision regarding attempt to commit the offense was repealed in the section, thereby clarifying that the exceptions will also apply to attempt, solicitation, attempted solicitation, and aiding the same offense as established in the Penal Law. In addition, Section 8 of the Ordinance was amended and a definition of the term "spouse" was added to it. It was established that the term "spouse" also includes common-law partners, but does not include someone who lives separately from their spouse and does not maintain a shared household with them with the intent to permanently dissolve family life, even if they reside under one roof. Finally, as part of the said amendment, the Law to Amend Procedural Rules (Examination of Witnesses), 1957 was also amended. Section 2c was amended and the court's authority was expanded to order that testimony be given not in the presence of the defendant, also for testimony of a minor or helpless person against a relative, according to the exceptions in the Evidence Ordinance, if the court is convinced that giving the testimony in their presence could harm the witness or the testimony. Testimony given not in the presence of the defendant will be given in the presence of their defense counsel, and the provisions of the said law applicable to giving such testimony will apply to it.

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