(1) an offense committed in whole or in part within Israeli territory;
(2) An act of preparation to commit an offense, an attempt, an attempt to solicit another, or Conspiracy to commit an offense committed outside of Israel, provided that the offense, in whole or in part, was supposed to be committed inside Israeli territory(My emphasis - A.A.A.L.)
Section 7(a)(2) of the Penal Law is hardly discussed in our case law. In various applications Criminal 9022/96 v. State of Israel [30], at p. 599, Justice Strasberg-Cohen ruled that an act of solicitation to import a drug into Israel, which was carried out entirely in Lebanon by a Lebanese citizen, is an "internal offense". As is well known, a legislative arrangement is also indicated by the rationale underlying it and the background to its enactment. Section 7(a) was added to the Penal Law in the Penal Law (Amendment No. 39) (Preliminary Part and General Part), 5754-1994, (hereinafter - Amendment 39) and the term "internal offense" was coined by the scholars Feller and Kremnitzer, who formulated the
The draft is for amendment. Feller wrote in his book: "... The Israeli legislature used to relate to offenses committed outside the borders of the state, with the term 'foreign offenses' as the object of extraterritorial application of the state's penal laws. We will add to this expression the contradictory expression that is required from it, 'internal offenses,' as the object of territorial application of these laws" (Feller Foundations of Penal Law [127], at p. 236; My emphasis is A, A, 30).
Prof. Feller added:
"It is possible to describe the spread of the territorial application of the penal laws of the State, even when none of the parts of the offense actually occurred within the territory of the State. The reference is to an offense of the type of consequential offenses, the behavioral component of which occurred outside the territory of the state, and which was intended to be caused within that territory were not sufficient or did not succeed in cause... Another step [is, A.A., L.]... - A TERRITORIAL APPLICATION, OF COURSE, OF THE PENAL LAWS OF THE STATE, TO AN ATTEMPT TO COMMIT A BEHAVIORAL OFFENSE ..., WHICH WAS COMMITTED OUTSIDE THE BORDERS OF THE STATE, WHEN THE COMPLETION WAS SUPPOSED TO BE MADE WITHIN ITS TERRITORY, OR AN ATTEMPT, MADE OUTSIDE THE BORDERS OF THE STATE, TO SOLICIT A PERSON TO COMMIT AN OFFENSE WITHIN ITS TERRITORY. It is also possible to describe the trailing territorial application of the penal laws of the state even to preparatory acts... and the last step: a criminal conspiracy that was tied outside the territory of the state, when the purpose of the conspiracy was to commit an offense within its territory, may also entail, as a result, the territorial application of the penal laws of the state..." (Feller Foundations in Penal Law [127], at p. 259; my emphases - A. A. 30).