Under section 72 of the Penal Law, Tashlaz-1977, the court is authorized to order a defendant to undertake not to commit a criminal offense within a certain period of time.
What is an undertaking to refrain from committing an offense?
Under section 72 of the Penal Law, Tashlaz-1977, the court is authorized to order a defendant to undertake not to commit a criminal offense within a certain period of time. If the defendant breaches the undertaking, he will be required to pay the monetary amount he undertook to pay. In simple terms: this is a conditional fine, intended to deter a return to criminal conduct.
For how long can the undertaking be imposed?
If the defendant was convicted, the maximum undertaking period is up to three years. If there was no conviction but the court determined that an offense was committed, the maximum undertaking period is one year.
What are the possible monetary amounts?
The amount is determined according to the severity of the offense of which the defendant was convicted:
- Severity of the offense: up to 6 months of imprisonment; maximum amount: up to 14,400 NIS
- Severity of the offense: more than 6 months up to one year; maximum amount: up to 29,200 NIS
- Severity of the offense: more than one year up to 3 years of imprisonment; maximum amount: up to 75,300 NIS
- Severity of the offense: more than 3 years of imprisonment; maximum amount: up to 226,000 NIS
When is the undertaking amount activated?
The amount will be activated when the defendant is convicted of an additional offense that he undertook to refrain from committing. Unlike a suspended prison sentence, the court is not permitted to extend the undertaking period.
What happens if the amount was not paid?
If the court ordered payment and it was not paid, the amount becomes a fine for all intents and purposes. In cases of non-conviction, if the defendant is convicted of an additional offense and does not pay, the court may impose a prison sentence on him.
When is this the principal offense and when is it ancillary?
Usually, an undertaking to refrain from an offense is added to other sentencing components and does not stand alone. An important exception: when the proceeding ended without a conviction, the court may impose the monetary undertaking as the sole punishment. This is a significant tool in cases where the goal is non-conviction.
Legal representation in sentencing matters
Familiarity with the various sentencing tools—suspended imprisonment, a monetary undertaking, community service, a probation order, and non-conviction—is what makes it possible to build a defense strategy that protects the defendant's future. Israel Arama, formerly of the Tel Aviv District Attorney's Office, accompanies defendants throughout all stages of the criminal proceeding and at the sentencing stage. Contact us for an initial consultation without obligation.
What is an undertaking to refrain from committing an offense?
Under section 72 of the Penal Law, Tashlaz-1977, the court is authorized to order a defendant to undertake not to commit a criminal offense within a certain period of time. If the defendant breaches the undertaking, he will be required to pay the monetary amount he undertook to pay. In simple terms: this is a conditional fine, intended to deter a return to criminal conduct.
What are the possible monetary amounts?
The amount is determined according to the severity of the offense of which the defendant was convicted: Severity of the offense: up to 6 months of imprisonment; maximum amount: up to 14,400 NIS; Severity of the offense: more than 6 months up to one year; maximum amount: up to 29,200 NIS; Severity of the offense: more than one year up to 3 years of imprisonment; maximum amount: up to 75,300 NIS; Severity of the offense: more than 3 years of imprisonment; maximum amount: up to 226,000 NIS
When is the undertaking amount activated?
The amount will be activated when the defendant is convicted of an additional offense that he undertook to refrain from committing. Unlike a suspended prison sentence, the court is not permitted to extend the undertaking period.
When is this the principal offense and when is it ancillary?
Usually, an undertaking to refrain from an offense is added to other sentencing components and does not stand alone. An important exception: when the proceeding ended without a conviction, the court may impose the monetary undertaking as the sole punishment. This is a significant tool in cases where the goal is non-conviction.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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