Kidnapping

The offense of kidnapping

What is the offense of kidnapping?

Kidnapping is a serious felony offense in Israeli law, heard in the District Court and not in the Magistrate’s Court. The offense appears in the Penal Law under the chapter dealing with “harm to liberty,” one of the most basic and protected rights in the Israeli legal system. The more serious the right that is harmed, the more severe the punishment. The range of penalties for kidnapping offenses runs from 10 years’ imprisonment to life imprisonment.

The offense of kidnapping is broad and varied; it includes kidnappings for ransom demands, custody disputes between parents, removing family members from mental health institutions, and child abduction.

Two methods of commission under Section 369

Kidnapping by force, the forced taking of a person while using physical force or threats.

Kidnapping by deceit, inducing a person to change their location through deception. Not every persuasion to change place will constitute kidnapping; the prosecution must prove that the victim was misled.

In order to convict, it must be proven: the existence of another person who was compelled to go to another place, by force, threats, or deceit; and the kidnapper’s awareness of the existence of the kidnapped person and of the circumstances.

Types of kidnapping offenses and their penalties

• Type of kidnapping: basic kidnapping; Section: 369; Maximum penalty: 10 years’ imprisonment
• Type of kidnapping: kidnapping a person outside the borders of the state; Section: 370; Maximum penalty: 20 years’ imprisonment
• Type of kidnapping: kidnapping for the purpose of imprisonment; Section: 371; Maximum penalty: 20 years’ imprisonment
• Type of kidnapping: kidnapping for extortion or murder; Section: 372; Maximum penalty: 20 years of imprisonment
• Type of kidnapping: kidnapping from lawful custody (minor / person of unsound mind); Section: 373(a); Maximum penalty: 20 years of imprisonment
• Type of kidnapping: kidnapping from custody for the purpose of murder; Section: 373(b); Maximum penalty: life imprisonment only
• Type of kidnapping: kidnapping for the purpose of causing grievous bodily harm; Section: 374; Maximum penalty: 20 years of imprisonment
• Type of kidnapping: kidnapping for the purpose of human trafficking; Section: 374Aleph; Maximum penalty: 20 years of imprisonment
• Type of kidnapping: concealing a kidnapped person; Section: 375; Maximum penalty: the same as for the kidnapping itself

Important to note: anyone who conceals a kidnapped person is subject to the same penalty as the kidnapper himself. This circumstance surprises many people who were not involved in the kidnapping itself but assisted in the concealment.

Attempted kidnapping, same penalty

Unlike other offenses, Section 34Dalet of the Penal Law provides that the penalty for attempted kidnapping is identical to the penalty for a kidnapping that succeeded. An attempt that failed due to the resourcefulness of the victim or the vigilance of the public does not mitigate the defendant's punishment.

An attempt is defined under Section 25: an act for the purpose of committing the offense that was not completed. Buying a rope, renting a car, and planning the time of the act are only preparation. Physically approaching the victim, seizing him, and attempting to force him to move already constitute attempted kidnapping in every respect.

Kidnapping from custody in custody disputes

Section 373(a) is particularly relevant to divorce and custody cases: a parent who kidnaps his child from the other parent without consent and not in accordance with a court order risks up to 20 years of imprisonment. Parents caught up in severe custody disputes, who sometimes tend to act on emotion rather than judgment, may find themselves accused of a serious felony. Legal advice before any such action is essential.

What happens after a complaint is filed?

Immediately after a complaint is filed, the suspect will be questioned under caution and in some cases arrested for investigative purposes. Since this is a serious felony offense, everything the suspect says during questioning will be documented and used against him in court. Years of experience in the Tel Aviv District Attorney's Office show how mistakes at the investigation stage become irreversible damage later in the proceeding.

Legal representation in kidnapping cases

Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents suspects and defendants in kidnapping cases and offenses involving infringement of liberty, from the initial investigation stage, through detention proceedings, the hearing before indictment, and up to conducting the trial. Familiarity with the way the prosecution works from the inside makes it possible to conduct effective negotiations for plea agreements and significantly reduce criminal exposure. If you are suspected of a kidnapping offense, do not undergo questioning without advice. Contact us for an initial consultation without obligation.

Child abduction

What is the offense of child abduction?

Section 367 of the Penal Law defines two alternatives for the offense:

The first alternative, removing or detaining by deceit, by force, or by enticement a person who has not yet reached 14 years of age, with the intent to deprive of custody the person authorized to it by law.

The second alternative, receiving the minor or concealing him, while knowing that he was removed or detained by the prohibited means.

The penalty prescribed by law is 7 years of imprisonment. Alongside the offense, the law recognizes a defense claim: a defendant who proves that he acted out of a good-faith claim to the right of custody of the minor may be exempt from criminal liability. However, the defense is narrow and limited, and the courts examine it strictly.

The difference between child abduction and removing a minor from custody

In the matter of CrimA 5463/11, the Supreme Court was required to distinguish between the two offenses:

Child abduction (Section 367), protects physical custody. The offense is made out even when the minor was taken from a person who is not his or her legal guardian, but who has temporary responsibility for the minor, a teacher, caregiver, and more. Definition of a minor: under the age of 14.

Removing a minor from custody (Section 373), protects legal custody and the stability of the formal framework established for the minor’s life. The offense is made out only when the minor was removed from the custody of his or her lawful guardian. Definition of a minor: under the age of 16. Its penalty is more severe, up to 20 years of imprisonment.

The distinction between the two offenses is not theoretical; it determines the sentencing framework and the required analysis of the evidence. And at times, difficulty in proving the more serious abduction offense (Section 373) leads to a charge of child abduction.

Cases from the case law

CrimA 1182/14, a woman who removed a minor girl from the custody of the welfare authority and transferred her unlawfully to the territory of the Palestinian Authority, was convicted of child abduction after the court found doubt regarding the elements of the more serious abduction offense.

CrimC (Jerusalem) 2114/06, a father who kept his son contrary to a divorce agreement that had been given the force of a judgment by the Rabbinical Court. The court stated unequivocally that "one cannot accept a situation in which the child is used as a plaything or bargaining chip by his parents," and that parental rights do not justify the "theft" of the child and the causing of emotional and developmental harm.

CrimC (Jerusalem) 357/97, a father who took his daughter contrary to the orders of the Rabbinical Court. The claim that he acted to save her from a "burning house" was rejected outright.

CrimC (Jerusalem) 4321/99, a father who exploited a visit with his daughter to "steal" her from her mother, contrary to the order of the Sharia Court that granted full guardianship to the mother. The court emphasized the gravity of the act toward a 5-year-old minor who became a "plaything on whose back her parents waged their struggle."

Sentencing considerations

The court gives special serious consideration to: harm to the child’s best interests, a guiding consideration in every decision concerning minors; the need to deter offenders and prevent recurrence; the severity of the harm to the minor’s liberty, physical health, and mental resilience. Presumptions of parenthood and intense emotions are not an excuse, as the courts have emphasized again and again.

A critical point for custody disputes

The offense of child abduction often arises in the context of divorce disputes, when a parent who does not hold custody rights under a ruling takes a unilateral step. Parents involved in an acute custody dispute and considering acting outside the legal framework may find themselves accused of a felony punishable by seven years of imprisonment. Legal advice before any action is essential.

Legal representation in child abduction cases

Israel Arama, formerly of the Tel Aviv District Attorney’s Office, represents defendants in these offenses, including cases arising from custody or divorce disputes. Familiarity with the prosecution’s considerations in these cases, and the ability to challenge the elements of the offense and the defense claim of a bona fide claim of right, may determine the outcome of the proceeding. Contact us for an initial consultation without obligation.