Diverging interpretations of legal provisions amongst parties to the proceedings also
contributed to this problem.
Where defendants were convicted, detention was by far the most common sentence
imposed, with fines imposed as the only penalty in a marginal number of cases (2.8% of cases
before the Serious Crimes Court and 7.3 before the First Instance Courts).
1 elb T
TRIAL OUTCOME (%)
Serious Crimes Court
Detention
Fine
Acquittal
Lack of Jurisdiction
Statute of limitations
Immunity from prosecution
Case terminated by Court1
Dropping
the lawsuit
Other
53,0
2,8
18,2
22,6
0,9
1,3
1,1
First Instance Courts
69,5
7,3
15,5
2,0
0,3
2,7
2,7
4. Prison sentences
The present paragraph will focus on prison sentences imposed by First Instance Courts and
will examine their length in absolute values (number of years of imprisonment imposed,
regardless of the statutory penalty provided by the law) and their severity (whether courts
imposed sentences equal to the statutory minimum, maximum, or in between).
a) Length of prison sentences
Almost all prison sentences imposed by Serious Crimes Court and First Instance Courts in the
West Bank were below 15 years of imprisonment (97% and 99,5%, respectively).
Sentences imposed by Serious Crimes Court branches on average were higher, as a likely
result of the more serious types of cases falling under its jurisdiction. Over 50% of the
sentences imposed by Serious Crimes Court branches exceeded 3 years of imprisonment,
against just 34% of those imposed by First Instance Courts. Overall, sentencing by these courts
was low, with almost two-thirds of sentences imposed by First Instance Courts below 3 years.
Less than 10% of all sentences imposed by First Instance Courts exceeded 7,5 years of
imprisonment, versus almost 30% of sentences imposed by Serious Crimes Courts branches.
1
The CPC Article establishes that the court may, on its own initiative, terminate criminal proceedings in certain
specific circumstances, for instance when proceedings were initiated upon the injured party’s complaint and the
injured party did not attend two consecutive sessions to which they were regularly summoned.
17