חוק העונשין (תיקון מס' 137), התשע"ט-2019Penal Law (Amendment No. 137), 2019 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Amendment to the Law creates a new tiered structure of homicide offenses in the Penal Law. The Amendment establishes two degrees of the murder offense: a basic murder offense that can be committed with intent or with indifference, and a murder offense under aggravating circumstances, which, in addition to being committed with intent or indifference, requires proof of one of the circumstances specified in Section 301A(a) of the Law. For the basic murder offense, a maximum penalty of life imprisonment is set, while for the murder offense under aggravating circumstances, a mandatory penalty of life imprisonment is set (except in highly exceptional cases where the court considers that the culpability arising from the act is not at the level of murder under aggravating circumstances). In addition, the offense of manslaughter was abolished, such that some of the cases that previously fell within it will now be included in the murder offense (if intent or indifference is proven), and some cases will be included in the offense of killing through recklessness (where the defendant hoped the result would not occur). Furthermore, an offense of killing under circumstances of diminished responsibility was established, according to which even if the elements of the murder offense or murder under aggravating circumstances were met, but one of the mitigating circumstances specified in the offense existed, the responsibility and penalty may be lighter. For example, if the murder was committed following sustained abuse, if the murder was committed following provocation and in response to that provocation and the court considered that, in the circumstances of the case, this reduces culpability, and if the defendant suffers from a mental disorder.

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