Criminal Procedure Glossary
14 terms that come up in every criminal case, from the first summons to the deletion of a record, explained in plain language with the statute section beside each one. For every term: what it is, when it happens, the number worth remembering, and what a lawyer does at that stage.
052-642-4440The criminal process, stage by stage
- 1InvestigationThe police suspect, summon and question. What is said here follows the case to its end.1.1 I was summoned for questioningInterrogation under caution (חקירה באזהרה)Right to silence (זכות השתיקה)
- 2DetentionA detainee sees a judge within 24 hours, and from there a count of days, extensions and appeals begins.1.2 I or a relative was arrestedInvestigative detention (מעצר ימים)Detention until the end of proceedings (מעצר עד תום ההליכים)Release on bail and alternatives to detention (שחרור בערובה וחלופת מעצר)Detention appeal (ערר על מעצר)
- 3Before indictmentThe file moves to the prosecution, which decides: close, settle or charge. This is the window to influence it.Notice letter (מכתב יידוע)Pre-indictment hearing (שימוע לפני כתב אישום)Conditional settlement (הסדר מותנה)Closing a file: lack of evidence, lack of guilt, no public interest (סגירת תיק)
- 4Indictment and trialThe investigation file is disclosed, preliminary arguments are raised, and sometimes the case ends by agreement or is halted.1.3 Financial or white-collar investigationPlea bargain (הסדר טיעון)Stay of proceedings (עיכוב הליכים)
- 5After the verdictA conviction is recorded, expires and is deleted according to the sentence. A closed file also leaves a record, and you can ask to have it removed.Criminal record and its deletion (רישום פלילי ומחיקתו)Closing a file: lack of evidence, lack of guilt, no public interest (סגירת תיק)
- 6Special tracksSoldiers, police officers, civil servants and drivers also face military, administrative, disciplinary and medical proceedings, each with its own rules and deadlines.1.8 A police officer, soldier, firefighter or doctor in a disciplinary proceedingMedical Institute for Road Safety (המכון הרפואי לבטיחות בדרכים, מרב״ד)
All terms
- Interrogation under caution (חקירה באזהרה)Police questioning of a suspect after a caution on the right to silence, that statements may be evidence, and the right to a lawyer.
- Right to silence (זכות השתיקה)A suspect's right not to answer investigators' questions, though silence may later strengthen the prosecution's evidence at trial.
- Investigative detention (מעצר ימים)Investigative detention is pre-indictment custody for the purposes of the investigation, which the court extends in fixed periods at the request of the police.
- Detention until the end of proceedings (מעצר עד תום ההליכים)Custody of a defendant for the whole trial, after indictment, which the court may order only after considering an alternative.
- Release on bail and alternatives to detention (שחרור בערובה וחלופת מעצר)Release of a suspect or defendant on conditions (a bond, guarantors, restrictions) instead of detention, by a police officer or a court.
- Detention appeal (ערר על מעצר)A detention appeal is an application to the higher court, within 30 days, against a court decision to detain, release or set release conditions.
- Notice letter (מכתב יידוע)Written notice from the prosecution to a felony suspect that the file has reached it, and that a hearing may be requested before indictment.
- Pre-indictment hearing (שימוע לפני כתב אישום)A felony suspect's chance to argue before the prosecution, in writing or in person, why no indictment should be filed.
- Conditional settlement (הסדר מותנה)An agreement with the prosecution to close a file without indictment or conviction, in return for admitting the facts and meeting conditions.
- Plea bargain (הסדר טיעון)An agreement after indictment in which the defendant pleads guilty for a lighter charge or sentence; the court is not bound by it.
- Closing a file: lack of evidence, lack of guilt, no public interest (סגירת תיק)A file is closed for lack of guilt, lack of evidence or no public interest; only closure for lack of guilt leaves no record.
- Criminal record and its deletion (רישום פלילי ומחיקתו)The police register of convictions under the Criminal Information and Rehabilitation Law, which expires and is deleted after periods set by the sentence.
- Stay of proceedings (עיכוב הליכים)An Attorney General decision to halt a criminal case after indictment, without an acquittal and without a conviction.
- Medical Institute for Road Safety (המכון הרפואי לבטיחות בדרכים, מרב״ד)A Ministry of Health body that assesses fitness to drive; its recommendation is in practice the Licensing Authority's decision on your licence.
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