חוק דין משמעתי במשטרת ישראל ובשירות בתי הסוהר (תיקוני חקיקה), התשע"ו-2016Law on Disciplinary Law in the Israel Police and Prison Service (legislative amendments), 2016 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Police Law and the Prisons Ordinance regulate the disciplinary law applicable to police officers and prison guards, in all its aspects. The amendment to the law and the ordinance makes a series of amendments to the existing arrangements on this matter. The following are the main points: Before the amendment of the law and the ordinance, it was possible to appeal a decision of the disciplinary tribunal before the appeals tribunal, and its decision was final. The amendment allows for appeal, by leave, also of a decision of the appeals tribunal, before the district court. A further change concerns the composition of the disciplinary tribunal. As a rule, the panel of the disciplinary tribunal is composed of three senior police officers, at least two of whom are legally trained. The law and the ordinance establish a different composition in cases where various disciplinary offenses committed against a civilian are being heard. In this case, instead of one of the police officers, the panel includes a public representative qualified to be appointed as a magistrate judge. The amendment provides that also in the case of a sexual harassment offense and other offenses committed against someone who is not a police officer, the composition will be changed to include a civilian representative. It is further provided that under special circumstances, it will be possible to appoint retired officers or retired judges instead of the police officers on the panel. Further changes concern the means of punishment. Among other things, it is provided that it is possible to impose penalties of a suspended fine, a suspended demotion in rank, and suspended restriction of movement. In addition, it will be possible to order payment of compensation without proof of damage to the victim in sexual harassment offenses, as well as in various offenses where the victim is a civilian. The amendment to the law also establishes a mechanism enabling the cancellation of a judgment given by a single judge under various circumstances. The scope of application of sexual harassment and victimization offenses was also expanded. It is provided that it will be possible to prosecute a police officer or prison guard not only if the offense was committed while performing their duties, but also if it was committed in connection with performing them, and it was clarified that this offense will also apply to sexual harassment of other persons employed by the police and the Prison Service, including those serving in national or national-civic service, contractor employees, workers employed through service providers, and the like. Finally, a number of new disciplinary offenses were established. Among other things, these concern offenses of false reports or failure to prevent reports, carrying out an act involving a conflict of interest, as well as offenses involving driving a vehicle, when it is a police or Prison Service vehicle, and with regard to a police officer – also a civilian vehicle if the officer is wearing a uniform. In the Prison Service alone, an offense was also established of contact with a prisoner or former prisoner, or with their family members, in violation of Commission orders.

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