Trials in absentia

Mauritius

Mauritius - Constitution 1968 (2016) EN

''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 10. Provisions to secure protection of law''
2.Every person who is charged with a criminal offence(...)
f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the offence, and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and, the trial to proceed in his absence.

Mauritius - Constitution 1968 EN

CHAPTER II — PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

10. Provisions to secure protection of law

(2) Every person who is charged with a criminal offence —

(f) and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

Mauritius- Criminal Procedure Act 1853 EN

114. Accused being ill

Where during the trial an accused is taken so ill as to be incapable of remaining at the bar on his defence, the jury may be discharged, and on his recovery, he may be tried by another jury, and be put on his trial again.

[S. 114 amended by s. 3 (1) (d) of Act 11 of 2007 w.e.f. 21 July 2007.]

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.