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Development of Criminal Law in Israel During the 25 Years of its Existence
Published online by Cambridge University Press: 12 February 2016
Extract
A few days after the State of Israel was established in 1948 a law was passed by the Provisional Council of State which enacted, that the law in force in Palestine on the eve of the creation of the new State should remain in force in Israel, with such modification as the establishment of the State and its organs rendered necessary, until varied or revoked by the legislative organs of the State.
That meant, in effect, that as far as Criminal Law and Procedure were concerned, the rules of English law were retained by the State of Israel.
The substantive criminal law, the Criminal Code Ordinance, as enacted by the British Mandatory Administration for Palestine, is still in force in Israel, except for those parts that have been repealed or amended by the Israel legislature. This Ordinance was enacted in 1936 and constitutes an attempt to codify the English Common law. Similar laws were passed by the British Colonial Administrations in Sudan (1924) and in Cyprus (1929).
Under one of the provisions of this Ordinance, the Code and the expressions used in it have to be interpreted and construed in accordance with the rules of English law and interpretation.
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- Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1974
References
1 A.G. v. Segal (1954) (I) 9 P.D. 393.
2 Shmulevitz v. State of Israel (1973) (II) 27 P.D. 598.
3 Penal Law Revision (Abolition of the Death Penalty for Murder) Law, 1954 (8 L.S.I. 63).
4 4 L.S.I. 154.
5 4 L.S.I. 101.
6 (1945) P.G. suppl. II, Vol. 2, p. 1055.
7 Punishment of Whipping (Abolition) Law, 1950 (4 L.S.I. 140).
8 Penal Law Revision (Modes of Punishment) Law, 1954 sec. 18 (8 L.S.I. 206).
9 Penal Law Amendment (Modes of Punishment) (Amendment No. 5) Law, 1963, sec. 18 (17 L.S.I. 96).
10 Ibid., sec. 18 D.
11 Ibid., sec. 17.
12 Penal Law Amendment (Remuneration for Committing Offence) Law, 1970 (24 L.S.I. 15).
13 See supra nn. 4 and 5.
14 25 L.S.I. 55.
15 Penal Law Amendment (Bigamy) Law, 1959 (13 L.S.I. 152).
16 17 L.S.I. 153.
17 Penal Law Amendment (Use of Vehicles without Permission) Law, 1964 (18 L.S.I. 66).
18 Penal Law Amendment (Prostitution Offences) Law, 1962 (16 L.S.I. 67).
19 Meir v. A.G. (1964)(IV) 18 P.D. 518 and Turjeman v. A.G. (1965) (III) 19 P.D. 57.
20 Penal Law Revision (State Security), 1957 (11 L.S.I. 186) which was amended in 1966 (21 L.S.I. 39). According to the Amendment the Law was renamed and is now called Penal Law Amendment (State Securities, Foreign Relations and Official Secrets) Law.
21 Ibid., sec. 31.
22 19 L.S.I. 254.
23 21 L.S.I. 132.
24 Ibid., sec. 21.
25 Dangerous Drugs Ordinance (Amendment No. 3) Law, 1971 sec. 7 (25 L.S.I. 87) which replaced sec. 8 of the Dangerous Drugs Ordinance.
26 (1973) S.H. no. 143.