A soldier under military police investigation, in detention or before a military court? They have rights, and they have a defender.

The army is a complete justice system: its own investigators, prosecutors, judges and prisons, with shorter clocks. What is said to the military police on the first night, and which track is chosen (disciplinary or court-martial), decide whether the soldier leaves with a criminal record or without one.

Written by the team at the law office of Adv. Aviad Hayat · updated 1.10.2026

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Israel's leading ruling on the right to counsel was born in a military case: a soldier questioned by the military police without being told of the right to a lawyer (Cr.A. 5121/98 Yissacharov). Since then, a confession taken in breach of the right may be excluded, in a military court too. A soldier may be represented by a free military defender or by a certified civilian lawyer, from the investigation stage onwards (section 316 of the Military Justice Law).

Seven rules for the soldier, and for the parents

1For the soldier: do not answer the military police before consultingYou have the right to consult a lawyer before questioning, and to remain silent. The investigator will offer to "finish quickly". Say you are asking for a defender, and ask to make a call. Do not sign a waiver at night, and not a statement you have not read.
2For the parents: find out where they are, and what kind of detentionOpen detention (on base, under supervision) or closed detention (in a detention base). A judging officer's detention is limited to 48 hours, and the military police's to 48 hours, after which only a military judge. Demand to know who ordered the detention and until when.
3Do not delete and do not coordinateMessages, photos, videos. Deleting after learning of an investigation is obstruction and a ground for detention. Talking to other soldiers "to understand what happened" is coordinating versions. Only the conversation with a lawyer is privileged.
4Absence without leave: return on your own, and representedWhoever is caught, is detained. Whoever returns voluntarily, with a defender and with documents on the reason, arrives at the hearing in a different position. The military courts have ruled that in wartime the grounds for detention intensify, so how you return matters more than ever.
5Drug test: do not refuseRefusing a drug test is an offence in itself, up to two years in prison (section 127A). Better a test and silence than a refusal. What is said after the result is a matter for the lawyer.
6Disciplinary trial: do not admit what you did not doBefore a senior judging officer you have the right to demand to be tried by a military court instead (section 149). Sometimes that is right, sometimes not: a disciplinary ruling creates no criminal record, a court does. Decide before the charge is read, not after.
7Do not post, and do not filmA parent's post, a video from the base, a talk with a reporter. Any of these can become evidence or an additional offence (breach of standing orders, section 133). A message to the outside, if at all, is written with the lawyer.

These are general rules. In the first call we check what the offence is, who is investigating, and which track serves the soldier.

What military law says

1A defender, from the investigationA soldier may be represented by a free military defender, appointed by the Chief Military Defender on request, or by a civilian lawyer. At the investigation and detention stage, unrestricted certification to appear in the military courts is required. The right to consult before questioning: the Yissacharov ruling.Military Justice Law, sections 316 to 318; Cr.A. 5121/98
2The detention clockA judging officer: up to 48 hours (96 for operational reasons, with written grounds). Military police: 48 hours, and up to 72 in a felony with a prosecutor's approval. Then a military judge: up to 30 days cumulative, and beyond that 15-day extensions on the Military Advocate General's instruction. After an indictment: 75 days without an indictment, 30 days until the trial starts, nine months until a verdict.Military Justice Law, sections 234, 237A, 240, 241 and 243B
3Open detention instead of closedThe court may order open detention, in the unit and under supervision, instead of closed detention. Every detention decision can be appealed to the Military Court of Appeals, before a single judge.Military Justice Law, sections 240(d) and 244
4The limits of the disciplinary routeA junior judging officer: up to seven days of confinement or restriction, a fine, a reprimand. A senior judging officer: up to 35 days of confinement, demotion by one rank (up to staff sergeant), a fine. The rules of evidence do not apply. Appeal within three days. The Military Advocate General may annul or convert. A disciplinary conviction is not entered in the criminal register.Military Justice Law, sections 152, 153, 161, 163 and 168
5The right to demand a courtA soldier brought to a disciplinary trial before a senior judging officer may demand to be tried by a military court. The prosecutor may return the case to the disciplinary route after written arguments. The disciplinary route applies only to military offences punishable by up to three years.Military Justice Law, sections 136, 149 and 151
6The criminal recordA conviction in a military court is entered in the criminal register like a civilian conviction. But: a misdemeanour conviction without actual prison, or up to two months (four in military labour), is restricted to disclosure to a few bodies and deleted after five years. Absence without leave with up to three months in prison: restricted. Second Schedule offences: no record at all.Military Justice Law, section 404A; Criminal Information and Rehabilitation Law, section 8
7After dischargeAn offence committed in service can be prosecuted after discharge, but an indictment must be filed within 180 days of discharge, and within one year for more serious offences. For desertion and certain offences there is no limit. The Attorney General may transfer a non-military offence to a civilian court.Military Justice Law, sections 6, 11 and 14
8AppealAppeal to the Military Court of Appeals within 15 days. To the Supreme Court only with leave, on an important legal question, with a lawyer. The prosecution may appeal too.Military Justice Law, sections 418, 424 and 440I

Maximum penalties: desertion 7 years (10 in operational activity, section 92). Absence without leave 3 years (section 94). Refusing an order 3 years, 15 in combat (section 122). Taking a weapon 15 years (section 78). Failing to guard a weapon 3 years (section 80). Disclosing information 5 years (section 57). A reservist who did not report: two years (Reserve Service Law, section 26).

From the event to the decision

Step 1The eventA complaint, a drug test, lost equipment, an absence, an incident in the unit. Sometimes the commander questions first, and only then the military police arrive. What is said to the commander is recorded.
Step 2The military police investigationA caution, the right to silence, the right to consult a defender. Seizure of a phone, a search, confrontations. According to the Military Advocate General's report, soldiers signed waivers of counsel at night, and that is exactly the signature not to give.
Step 3Detention48 hours by an officer or the military police, then a military judge: up to 30 days, in extensions. The defender argues for open detention, release on conditions, or release. Appeal to the Court of Appeals.
Step 4The decision on the trackClosure, a disciplinary trial, or an indictment by the military prosecution. In absence cases there is also a "reintegration track": a return to service instead of prison. Here the defender has the most influence, by approaching the prosecution before the decision.
Step 5Disciplinary trialA judging officer, no rules of evidence, an immediate penalty. The right to demand a court, the right to argue, appeal within three days. No criminal record. In 2021 the Military Advocate General intervened in about a fifth of the disciplinary rulings reviewed.
Step 6The military courtArraignment, an arrangement or trial, before a panel or a single judge. Personal drug use or drunkenness is heard before a single judge, with actual prison of up to one year. The defender negotiates the charge and the penalty, and whether there will be a record.
Step 7Sentence and recordConfinement, military prison, military labour, demotion, a fine, a suspended sentence. A penalty below the threshold in section 404A leaves a restricted record that is deleted after five years. That is a target to argue for.
Step 8AppealWithin 15 days to the Military Court of Appeals. To the Supreme Court only with leave. And in parallel: handling the continuation of service, discharge, or the medical profile.

According to IDF data (2025), between 2020 and May 2024, 10,569 soldiers were convicted of absence without leave, and 4,875 of them were sent to prison. The difference between the two groups is usually the reason, the documents, and the way they returned.

How a military case ends

ClosureWithout a proceedingThe military prosecution closes cases when the evidence is weak or the circumstances do not justify a proceeding. A reasoned approach by the defender before the decision, with medical, family or unit documents, is the way there.
Disciplinary routeFast, and without a recordA penalty of days, not years, and no criminal record. In minor offences this is the target. Sometimes the prosecution agrees to move a case to the disciplinary route after an approach, even when it began as a military police investigation.
Reintegration trackReturn to serviceIn absence and desertion cases: a track in which the soldier returns to service instead of serving prison time, on conditions. The military courts treat it as a consideration in detention and sentencing, so it is presented early.
An arrangement in courtCharge, penalty, recordWhen there is an indictment: an arrangement on the charge and the penalty, with an eye on the restricted-record threshold (no actual prison, or up to two months). Military labour instead of prison. Demotion instead of confinement.

Sources: Military Justice Law, sections 136 to 171 and 404A. In a military case the good result is usually the one you do not see after discharge: no record, and no note on the certificate.

What we actually do

In the first callWe locate where the soldier is, who is investigating and who ordered the detention, speak with them before the questioning, and explain to the parents what is happening in plain language. Available at night too, because the military police work at night.
At the detention hearingsWe represent in the district military courts and the Court of Appeals. We argue for open detention, release on conditions, and alternatives that suit the soldier and the family.
In choosing the trackWe approach the military prosecution before the decision: closure, disciplinary route or reintegration. When there is a disciplinary trial, we decide together whether to demand a court, and file an appeal when needed.
In court and afterAn arrangement or trial, sentencing arguments with an eye on the record threshold, appeal. And afterwards: the continuation of service, discharge, and the record. Representation in every military court in the country.

The fee is set in advance, in writing, by stage. There is also a free military defender, and we will explain honestly what the difference is.

052-642-4440

Questions parents and soldiers ask us

We are the parents. Are we allowed to know what is happening?

The army is not obliged to update the parents of an adult soldier, and usually will not. The soldier may ask for a defender and call them, and the lawyer updates you with the soldier's consent. So the first call is usually from the parents to us, and from us to the soldier.

Can we have a private lawyer, or only a military defender?

You can. A soldier may be represented by a civilian lawyer certified to appear in the military courts, in the investigation and detention too. The military defence gives free representation, and it can be changed at any stage.

How long can they hold them?

An officer or the military police: 48 hours (72 in a felony with a prosecutor's approval, 96 for operational reasons). A military judge: up to 30 days cumulative, then 15-day extensions on the Military Advocate General's instruction. In practice, in minor offences soldiers are released after days, sometimes to open detention.

What is open detention?

Detention in the unit, under supervision, without confinement. The court may order it instead of closed detention. It is the first alternative we ask for in non-violent offences.

They are absent without leave. What should they do?

Return, with a lawyer, and with documents on the reason: medical, psychological, family. Whoever is caught is detained; whoever returns voluntarily and represented arrives at the hearing in a different position. There is also a reintegration track that returns a soldier to service instead of prison. And in wartime the courts are stricter, so do not wait.

Will they have a criminal record?

Disciplinary ruling: no. A court conviction: yes, but a misdemeanour conviction without actual prison or up to two months (four in military labour) is entered as a restricted record, disclosed only to a few bodies and deleted after five years. That threshold is what we fight for.

They smoked cannabis on leave. Is that a court-martial?

It depends on the circumstances, the quantity and the military prosecution's changing policy. Personal use is heard before a single judge, with actual prison of up to one year. In some cases a disciplinary ruling or a treatment track is possible. Refusing the test is an offence in itself.

A reservist who did not report?

An offence under the Reserve Service Law, up to two years. A reservist not in service is subject to military law only for certain offences, and an indictment is filed within a year. In most cases the solution is an orderly approach before the case rolls on, with the documents.

Disciplinary trial or court, which is better?

Disciplinary: fast, a light penalty, no record, but no rules of evidence and little defence. Court: a full proceeding, a defender, the possibility of acquittal, but a record on conviction. Someone sure of their innocence who wants to fight, court. Someone who wants to end it quietly, usually disciplinary. We decide together, before the charge is read.

How much does it cost?

You will know the fee exactly, in writing, before committing: investigation and detention, disciplinary proceeding, court. No surprises.

In the press, on detention and representation

26.04.2026 · WallaAppeal granted: the 26-year-old suspect released on conditions 19.01.2026 · WallaSentencing: made dozens of Molotov cocktails, and avoided prison 25.08.2025 · makoThe Eilat brawl: "A false arrest of a law-abiding man"All mentions, by date

Where is the soldier now?

Leave a number and we call back fast, at night too. For parents and for the soldier alike. No need to describe the suspicion in the form.