Criminal8/10/2026

When Can a Defendant in Israel Withdraw a Guilty Plea?

A confession given to the police does not, in itself and automatically, lead to a conviction, whereas a guilty plea entered before the court directly establishes the commission of the acts to which the defendant admitted. A plea entered in court may be withdrawn only with the court’s permission and when special reasons exist, which the court must document.

Key facts

•Published: October 31, 2011
•Updated: November 1, 2011
•Field: Criminal law in Israel
•Withdrawal of a plea entered in court requires the court’s permission
•The Supreme Court’s decision was reached by majority opinion
•The case number is not stated in the source

A Confession to the Police

For a confession given during a police investigation to serve as the basis for a conviction, it must be submitted as evidence during the judicial proceedings. In addition, further corroborating evidence is required: the court cannot base a conviction on such a confession alone. The defendant may argue that the confession was false or obtained under pressure; if these claims appear convincing and are supported by evidence, the case may be considered on its merits, including a separate examination of the confession’s admissibility.

A Guilty Plea Before the Court

If the defendant, in responding to the charge, admits in court to committing the acts attributed to him, it is established on the basis of that plea that he committed them. Such a plea may be withdrawn only with the court’s permission. The law, as noted in the source, does not specify particular criteria, but requires the court to identify special reasons for permitting the withdrawal and to document them in writing.

An Example from a Supreme Court Ruling

In the case described, the defendant pleaded guilty in court, but while a Probation Service report was being prepared, he claimed that he had not committed the offense and subsequently received a negative report. He sought to withdraw his plea on the grounds that he had been subjected to pressure, but the court initially denied the request so that a negative report would not become a means of nullifying a plea. The Supreme Court, by majority opinion, reversed this decision, permitted the withdrawal of the plea, and remanded the case to the Magistrate’s Court for a new hearing from the beginning.

Which Circumstances May Be Relevant

The source also provides the example of a foreign national who did not have a strong command of Hebrew: when the plea was entered in court, no interpreter was present, the attorney did not speak his native language, and the plea was recorded in the transcript as stated by the attorney rather than by the defendant himself. The application to permit withdrawal of the plea on appeal was based on these circumstances. The source does not state the outcome of the hearing on this application.

What this means for you

For the defendant, the place where the admission was made is critically important: a confession to the police still requires corroborating evidence, whereas a guilty plea before the court has direct procedural consequences. A plea entered in court may be withdrawn, but this is not automatic: the initial plea must be explained, and the court must be persuaded that special reasons exist. A language barrier, the absence of an interpreter, or a claim of pressure may be taken into account, but the source does not establish that they always result in permission to withdraw the plea.

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Case analysis based on court rulings