חוק העונשין (תיקון מס' 120 והוראת שעה), התשע"ו-2015Law Penal Law (Amendment No. 120 and temporary provision), 2015 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Penal Law (Amendment No. 120 and temporary provision), 2015 (hereinafter: the Law), addresses two main issues - first, setting minimum sentences for stone-throwing offenses, and second, denying benefits due to parents for a child imprisoned for committing a stone-throwing offense or a security offense committed out of a nationalist motive or in connection with terrorist activity. Regarding minimum sentences, the Penal Law, 1977 (hereinafter: the Penal Law), provides in Sections 329(b) and 332A, as a temporary provision, that the sentence of a person convicted of one of the said offenses shall not be less than one-fifth of the maximum sentence prescribed for that offense. These are minimum sentences of two or four years, depending on the severity of the offenses and the risk they pose. The Law adds to the offense in Section 329(a) of the Penal Law, which deals with "aggravated assault with intent," and also includes throwing a stone at a person with the intent to cause him disability or deformity or to cause him serious injury, as already established in case law. The minimum sentence for this offense will be four years' imprisonment, since this offense concerns an attempt to harm a person with the intent of causing disability or deformity. Section 332A of the Penal Law includes two offenses: the basic-level offense, which applies even when the thrown stone or object was not capable of endangering a person but rather of damaging a vehicle under circumstances creating fear and panic, carries a minimum sentence of two years' imprisonment. The more serious-level offense, which requires proof of intent to harm a person, carries a minimum sentence of four years' imprisonment. The Law provides that the court may deviate from and reduce the minimum sentence for special reasons to be recorded. It is also proposed that the court may not rule that the entire sentence be suspended, in the absence of special reasons. Regarding the denial of benefits - the National Insurance Law [Consolidated Version], 1995 (hereinafter: the National Insurance Law), provides that child allowances and benefits to parents shall not be paid for a child imprisoned due to committing a stone-throwing offense or a security offense committed out of a nationalist motive or in connection with terrorist activity. The Law accordingly amends the National Insurance Law and provides that for a child imprisoned due to conviction of a stone-throwing offense under Section 332A of the Penal Law or a security offense as defined in Section 326(a) of the Penal Law, committed out of a nationalist motive or in connection with terrorist activity, his parents shall not be paid a child allowance, a child supplement to a dependents' allowance (for a work injury victim), to a disability allowance, to an old-age allowance, to a survivors' allowance, to income support, or to a benefit under the Alimony Law (Guarantee of Payment), 1972. The Amendment further provides that the imprisoned child shall not be counted among the family's children for purposes of the child allowance and for purposes of the supplements to National Insurance benefits, income support, and the said Alimony Law.

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