Judiciary of Israel
[1] However, religious courts wield extremely limited authority, and they are engaged with for marital affairs, as no non-religious form of marriage performed in Israel is recognized legally.
It also considers appeals on a judicial and quasi-judicial cases of various kinds, such as matters relating to the legality of Knesset elections and disciplinary rulings of the Bar Association.
In criminal matters, the courts have jurisdiction over cases where the accused faces a penalty of at least seven years imprisonment.
One also sits as the court of admiralty, hearing all cases involving shipping commerce, accidents on the sea and the like.
Most cases are heard by a single judge, though the court president can choose to appoint a three-judge panel.
Cases where the accused is charged with an offense punishable by at least ten years in prison and appeals from magistrate courts are heard by three-judge panels.
Rather than following standard evidentiary rules, they require extensive pleadings and documentation upon filing of a formally written complaint.
Cases are heard by a single judge unless the court president decides to appoint a three-judge panel.
They are vested with exclusive jurisdiction over cases involving employer-employee relationship, pre-employment, post-employment strikes and labor union disputes, as well as labor related complaints against the National Insurance Institute, and claims under the National Health Insurance Law.
[6] Every defendant facing criminal charges in military court except those appearing for traffic offenses is entitled to legal representation.
The Military Defense Council Division provides legal representation to soldiers facing criminal indictment.
It is responsible for reviewing cases in which the offense is considered light, and is punished with disciplinary action, which is less serious than criminal charges.
The tribunals were founded and are operating under the Entry into Israel Law, 5712-1952, and are designated to serve as an administrative judicial review forum in the matter of the Population and Immigration Authority decisions.
[7] The Appeals tribunal is an administrative tribunal that constitutes a judicial review on decisions made by the Population and Immigration Authority in the matters such as entry to Israel, humanitarian cases, asylum, family reunion, residence and in matters of citizenship, in accordance with the provisions of the Second Schedule to the Entry into Israel Law, 5712-1952.
Pursuant to the Entry into Israel Law, the tribunal is competent to authorize the detention order, change it or revoke it.
Pursuant to the Entry into Israel Law, 5712-1952, a detainee should be brought before the Detention Review Tribunal as soon as possible and no later than 96 hours from the decision of the Border Control Officer.
[10] Israel maintains a system of religious courts for the Jewish, Muslim, Druze, and Christian populations.
These courts have jurisdiction over cases such as marital issues, conversion, and appointment to religious leadership positions.
Otherwise, if one spouse opens some sort of an action with the Batei Din, (including asking the couple for reconciliation), the Batei Din assume that all ancillary relief is aggregated into the main complaint, and the spouses may find themselves facing judicial determination pursuant to Halakha (Jewish religious law), and not pursuant to the secular law.
[11] The current government has proposed legislation which would enable the Rabbinical court to act as arbitrators in civil issues when both parties so choose, codifying an existing practice.
If the Israel Police learns of a possible criminal offense through a complaint by a private citizen or through other evidence, it then decides whether or not to open an investigation.
The police must present evidence to the judge, who will issue a warrant only if satisfied that there is reasonable suspicion that the person committed an offense.
Administrative detention and closed trials are allowed in cases involving security and illegal immigration.
[17] Of those cases that do go to court, over 85% end with a plea bargain, where the defendant pleads guilty in exchange for a lighter sentence.
[18] Even if the suspect confesses to his or her crime and pleads guilty at their court arraignment, they will still receive a trial to determine the penalty to be imposed upon them.
As with the prosecution, the defense is entitled to make an opening statement, and then presents its evidence, after which it will close its case.
[12] Upon the completion of trial proceedings, the court will then acquit or convict the defendant in a written verdict laying out the reasons for the decision, which will be signed and dated by the judges.
Appeals must be filed within 45 days from the date of judgement, though the period may be extended by the court at the request of the appellant.
[12] Israeli law also provides for the possibility to ask the Supreme Court for a new trial, though it is very rare to be granted a retrial.
After passing these exams, candidates must serve as an articled clerk of twelve months, at least 36 hours a week, 25 of which must be worked before 2:00 PM on that day.
