םלועב םישנה רחסו תונזה תעפות רקחל העדות ןוכמ
leah2000@bezeqint.net :לאוד 03-6045128 :סקפ/לט ;61221 ביבא-לת 22197 .ד.ת
(1) If the offence is punishable by a 5 year prison term - 7 years of imprisonment;(b) If an offence according to the above paragraphs (see (a)) is committed with a minor under the
(2) If the offence is punishable by a 7 year prison term - 10 years of imprisonment;
(3) If the offence is punishable by a 10 year prison term - 15 years of imprisonment;
(4) If the offence is punishable by a 16 year prison term - 20 years of imprisonment;
a. When in the place of prostitution there are women that are not Israeli residents -
a complete check of their stay in Israel should be conducted, including the fact that
they have the passports in their possession, that the passports are not forged and the way
the women entered Israel.
b. The consent of the women to prostitute shall be irrelevant in view of the rational
behind the prohibition of trafficking in persons (see Ruling Rabinai vs. State of Israel,
not yet published)
c. When there is suspicion that the women entered Israel by means of trafficking , the
managers of the place should be interrogated as suspects, and also every one of the
workers of this place who is involved in the felony or who could contribute to the
investigation, in addition to the felony of managing and keeping a place for
prostitution purposes.
d. The felony of trafficking does not prevent to take into account other felonies
(such as rape, internment, passport withholding, money laundering etc.), that should be
investigated if necessary.
e. When the status of the women is that of illegal residence, the women should be taken
away immediately from the place where they were held by the perpetrators, their identity
and their place of origin should be checked in order to send them back to their country
of origin. During the identification process the women will be held according to the
procedures of the police and the Interior Ministry, while any contact with their
perpetrators will be prohibited.
f. In regards with the severity of the felony the Prosecution will issue a detention
order of all the suspects until the end of the investigation process ( see SH.P. 1524/01,
State of Israel vs. Akerman , not published yet )
g. At the same time the Prosecution will act for an early testimony process of the
women to enable their expulsion to their countries of origin after giving testimony.
h. It should be noted that very often the representation of the women in court is
financed by the perpetrators and the suspects in the Trafficking felony. In the proper
cases, after consulting the district prosecutor and with his directives, the attention
of the court should be addresses to this fact.
i. With attention to the circumstances of the case, in files that are connected
with trafficking in women, it is necessary to present a request to the court
according to article 77 of the Penal Code 1977 so that when the suspect is convicted,
the court will order him to pay the victim of the felony indemnities for the damages
and sufferings caused to her. In parallel article 78 of the penal code stipulates
that the charge of indemnity has the same status as a sentence and when this sentence
is appealed there is a possibility to include appeal on the charge of indemnity.
Therefore due to the complexity of trafficking files and due to the fact that the
plaintiffs are in most of the cases illegal residents, who will be sent back to
their countries of origin as soon as possible it is important to stress to the
plaintiffs that there is possibility that the sentence will be appealed and
therefore their right to indemnities is not absolute until the sentence is declared
definite and they should take into consideration the fact that they will be requested
to reimburse the indemnities if the appeal is granted. In this respect please see the
letter of the General attorney to the District Attorneys dated 27 June 2001.
On 27 June 2001 the General Attorney also wrote to Attorney Jehudith Karp, the Deputy
Legal Advisor to the Government (Special projects) asking that she will examine the
possibility of a legislative amendment concerning the construction of a mechanism
that will allow to retain the indemnities in the name of the plaintiffs until the
sentence is declared definite and that will ensure that the plaintive will receive
the money when the sentence is declared definite.
j. The coping with the phenomenon of trafficking in women in the penal level is
punitive and preventive. Therefore, when there is a reason beyond doubt to believe that
there was a felony of trafficking in human beings, and when objects and money linked to the
felony or resulting of it are found during a search in the place where the felony was
committed, it is suitable to examine, in accordance with the circumstances of the file,
the possibility to activate the authority of the police to seize according to article 32
of the penal code ( Detention and Searching)1969 and request from the court to issue
an order to confiscate the possessions according to article 39 of this code. When money
linked to the felony is seized as they raise the suspicion of tax evasion it should be
notified to the tax authorities.
5.1 Cases in which minors are involves actively or in any other way.
5.2 Cases in which there are aggravated circumstances (coercion, blackmail or violence)
aggravated exploitation of the prostituted persons by the employers, and especially
employers using means of coercion, blackmail and violence against those employed by them
in prostitution. That is whenever it is clear that in addition to the employment in
prostitution other felonies are exercised against the employed prostitutes that their
purpose is to force the continuation of the activity of prostitution while exploiting
the employed.
5.3 Cases in which in the place used for prostitution exists additional criminal activity such as
trafficking in drugs.
5.4 Cases in which the place used for prostitution consists a nuisance for the neighbors.