Entering Israel as a crime witness

The procedure of entering Israel as a crime witness may be simple in some cases but complex in others, in particular for citizens of countries with whom Israel does not have a visa exemption agreement. However, in order to ensure their legal status, witnesses generally have to go through a preliminary procedure with the law authorities in order to obtain entry into Israel. Although each case should be examined individually, the following article will explain who is a crime witness, what the requirements are for obtaining a residency visa as a trial witness, and what documents the applicant is required to present in order to enter Israel as a crime witness.

Who is a crime witness?

Criminal proceedings in Israel often raise the need to summon witnesses on behalf of the parties in the case. The witnesses appear before the court and answer the questions of the party who summoned them, the opposing party and even the judge. Summoning witnesses to court is a common practice in all areas of law, but it is particularly important for a criminal hearing; in this case, testimony in court is crucial to prove the details of the event, its sequence and the guilt or innocence of the parties in the case. This is because the requirement for proof is greater in criminal proceedings and therefore, the court needs witness’s personal impressions. Any other form of testimony may carry less weight and therefore have a reduced impact on the court.

How is a crime witness granted entry to Israel?

Foreign citizens who wish to visit Israel need a B2 Israeli entry visa, unless they are citizens of a foreign country that has signed a visa exemption agreement with Israel. Citizens of the such countries receive a visa at the time of entry to Israel, as opposed to citizens of other countries who must obtain a visa in advance at the Israeli embassy or consulate in their country. However, it is important to know that even for citizens of countries that have signed a visa exemption agreement, an entry visa is not automatically granted; it is based on a conversation with a border control representative upon arrival at Ben Gurion Airport. Although in practice this happens rarely, the border control official is entitled to refuse a foreign citizen entry, if the official forms a poor impression of the person’s intentions during the questioning at the airport.

When the foreign citizen is a witness for the prosecution, the subpoena procedure is simpler and the party represented by the prosecution does not have to take an active part in summoning the witness and obtaining a permit for them to enter Israel. However, if the opposing party (the defense) wishes to call a witness, they must go through the required procedure.

To ensure the witness’s entry into Israel and therefore presence in court, the defense must submit an application for an Israeli that allow entering Israel as a crime witness at the Population and Immigration Authority office. The request must be submitted by a representative on behalf of the witness who was appointed with the help of a notarial power of attorney verified by the consul, whether it is an attorney or any other person chosen to be the representative. When applying, the applicant must present:

Entry visa application form.
Supporting documents indicating the witness’s required presence in Israel, for example a court order or a summons to a hearing.
A photocopy of the witness’s passport, which indicates entry visas that the person has obtained from any other countries.
A photocopy of the identity card of the applicant acting as the witness’s representative, as well as of other parties to the case who are summoning the witness.
A document affirming the applicant’s guarantee that the witness will leave Israel at the specified time.
Additional documents testifying to the witness’ connection to the ongoing legal proceedings.
In cases where the witness is a citizen of a hostile country or a country that may pose a risk, the applicant must fill out an abbreviated CV form that will be forwarded to security officials for approval.

If the request is approved, the witness will be able to enter the country for a limited period of usually one week, subject to a surety bond provided for the witness’s departure from the country. It is important to know that if the witness has already arrived in Israel in the past under a similar visa and did not leave Israel by the required date, it is possible that the Population and Immigration Authority will reject the applicant’s request or require a higher surety bond for the witness’s departure from the country.

The importance of consulting an attorney

In any case, the procedure and the documents that the applicant is required to present depend on the case, the identity of the witness, their importance to the hearing, similar requests submitted for them in the past, and their country of origin. Therefore, it is important to consult with an attorney who is knowledgeable in immigration law and Israeli residence visas.

Our office has years of expertise and experience in Israeli immigration law and providing assistance to people seeking residence visas; you can contact us at the phone numbers or email address below. If you have any question or need advice, we will gladly be at your disposal.