In the face of the alarming resurgence of antisemitism worldwide, and particularly in European countries, the law firm ABITBOL & ASSOCIATES is leading a legislative initiative in cooperation with the Minister of Diaspora Affairs, Mr. Amichai Shikli, and the Minister of Justice, Mr. Yariv Levin, with the aim of filling a legal vacuum.
The proposed bill seeks to amend the Criminal Procedure Code in order to allow Israeli courts to try, even in the absence of the accused, perpetrators of murders and hate crimes committed against Jews abroad.
A Legislative Gap and the Need to Reform Existing Law
Currently, Section 13(b)(2) of the Penal Law provides that Israeli law applies to offenses committed against Jews worldwide on the basis of their Jewish identity:
“Israeli criminal law shall also apply to offenses committed abroad against the life, bodily integrity, health, freedom, or property of a Jew, by reason of the fact that he or she is Jewish.”
However, Section 126 of the Criminal Procedure Code (1982) in principle prohibits holding a criminal trial in the absence of the accused:
“No person shall be tried in criminal proceedings except in his or her presence.”
This results in an internal contradiction: on the one hand, Israeli criminal law applies to crimes committed against Jews abroad; on the other hand, it is impossible to try an accused person in absentia.
This contradiction is particularly problematic when the crime is committed in a country that does not extradite its nationals, such as France, where the murderers of Jews effectively benefit from near immunity with respect to the application of Israeli law.
The Sarah Halimi Case (z”l)
The need to reform the law was further underscored by the Sarah Halimi case (z”l), in which the court recognized both the antisemitic nature of the acts and the existence of aggravating circumstances. However, the perpetrator, Kobili Traoré, was not referred to a Criminal Court in France, having been declared unfit to stand trial on the grounds of “criminal irresponsibility” due to drug consumption—despite the fact that he had voluntarily placed himself under the influence of substances prohibited under French law in order to commit the crime.
Following this case, France adopted Law No. 2022-52 on January 24, 2022, introducing Article 122-1-1 into the Penal Code, which distinguishes between natural mental disorders and disorders voluntarily induced by the consumption of psychoactive substances.
Nevertheless, a difficulty arises with respect to the fourth criterion of the law: proving the intent to commit the offense renders its application practically impossible. How can one distinguish between innocent consumption and voluntary consumption when the perpetrator regularly uses narcotics?
Key Provisions of the Bill and Its Scope
The law firm ABITBOL & ASSOCIATES approached Ministers Shikli and Levin to propose a substantial amendment to the Criminal Procedure Code, introducing Article 128a, which would allow a trial in absentia provided that three cumulative conditions are met:
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The commission of a serious crime against Jews abroad;
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The absence of prosecution in the foreign country due to criminal irresponsibility;
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The accused is a citizen of a country that does not extradite its nationals to Israel.
Beyond its symbolic dimension, this legislative initiative proposed by ABITBOL & ASSOCIATES provides the State of Israel with a powerful operational tool: the issuance of international arrest warrants.
Pursuant to the 1956 European Convention on Extradition, third-party signatory states may arrest and extradite the accused to Israel should he leave the borders of his home country.
Thus, Israel fulfills its duty under the Penal Law and the Basic Law: Nation-State to ensure the protection of Jews on the basis of their Jewish identity, affirming that Jewish blood cannot be shed with impunity—neither in Israel nor anywhere else in the world.
Drawing on recognized expertise in criminal law, and supported by a team of skilled attorneys practicing both French and Israeli law, ABITBOL & ASSOCIATES is fully equipped to represent you before local criminal courts in cases involving any crime or offense committed against a Jew abroad on the basis of religious affiliation.
In this regard, we remain fully at your disposal for any request for additional information and would be pleased to meet with you at our offices in the near future.
In the meantime, we invite you to complete the dedicated contact form.
Note: This article is provided for informational purposes only; consequently, each file/case must be subject to a detailed study. As such, the information contained in this article does not constitute legal advice.
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