1.
In Israel, The main legislation regarding the rights of crime victims is the
Crime Victims' Rights Law 5761-2001 (hereinafter: the "Victims' Rights Law"), aimed at granting rights for a crime victims and to protect their dignity as human beings without prejudicing the legal rights of suspects, defendants and convicted
persons.
2.
The main notion of the Victims' Rights Law are that granting rights to the victim of a crime must be made while giving consideration to his/her needs, while protecting his/her dignity and privacy,
within a reasonable amount of time (Section 3 of the Victims' Rights Law).
3.
The Victims' Rights Law applies to "victims of a crime". The term is defined as a person that suffered directly because of a crime, as well as a family member (spouse, parent, parent's spouse, children,
brother or sister) of a person who died as a consequence of the crime (excluding the suspect, the defendant or the person convicted of the crime). For the purpose of this law, "crime" refers to an offence, excluding traffic violations, which is qualified as
a misdemeanor or a felony (i.e. includes sexual offences), and which was either committed in Israel or committed abroad but prosecuted before an Israeli court by the official State authorities.
4.
The Law grants victims of crime a wide range of rights, protecting the interests of victims of crime, including children, through all stages of the legal proceedings,
while victims of sexual or violent offences (including indecent act with a minor under
Section 348 of the Penal Law), are granted additional rights, stemming from the particular gravity of such offenses.
5.
For example, the law stresses the importance of hearing the position of the victim of the offence in different stages of the criminal procedure and afterwards:
·
Section 17 of the Victims' Rights Law grants the victim of a "grave sexual or violent crime", as defined in that law, the right to express to the prosecutor his/her opinion, position and views concerning
the plea bargain, prior to the court's approval of the plea-bargain, unless the District Attorney or the Head of the Prosecution Department of the Israel Police, as the case may be, determines that this would cause material harm to the conduct of the proceedings.
A similar right is granted concerning a decision to delay the procedures against the defendant (Section 16 of the
Victims' Rights Law).
·
Section 18 of the Victims' Rights Law grants the crime victim the right to submit a written statement to the investigating body or the prosecutor concerning any injury or damage caused to him/her
as a result of the crime, including bodily or mental harm, or damage to property (Victim Impact Statement). In such a case, the prosecutor will present the above statement
to the court during the sentencing hearing.
·
The Law also entitles a victim
of a sexual crime to express in writing his/her position and views concerning the expected danger stemming from a possible early release of the sentenced offender from prison, before the Parole Board
(Section 19), to express in writing his/her opinion, position and/or views, through the Pardons Department of the Ministry of Justice, prior to the decision concerning an application for a pardon or mitigation of punishment
(Section 20).
·
Section 11 of the
Victims' Rights Law provides for the right of victims
to receive information concerning available support services provided by the State or by non-governmental bodies; The
Crime
Victims' Rights Regulations 5762-2002 (hereinafter: the "Crime Victims' Rights Regulations") require the State to disseminate information leaflets which contain details concerning the legal rights of a victim
of a crime, the stages of the legal process, telephone numbers and addresses of bodies providing social and legal support to victims of a crime and details concerning available protection from perpetrators.
Such leaflets have been published by print and via the Internet.
6.
According to Section 18 of the
Crime Victims' Rights Regulations, the rights of a child below the age 14 can be exercised through his/her parent or legal guardian, while the rights of a child who is 14 years old or older can be exercised either through his/her parent or legal guardian
or personally if he/she so requests.
דפנה דרור-שפוליאנסקי, עו"ד
אשכול זכויות אדם במחלקה למשפט בין-לאומי
ייעוץ וחקיקה,
משרד המשפטים
טלפון: 03-6899752 פקס: 03-6899792