BOOK III — CRIMES AND MISDEMEANOURS
TITLE I — OFFENCES AGAINST THE STATE
CHAPTER III — CRIMES AND MISDEMEANOURS AGAINST THE PUBLIC PEACE
162 Witness giving false excuse
Any witness, judicially summoned, who has alleged an excuse proved to be false, shall be condemned to imprisonment for a term not exceeding one year and to a fine not exceeding 10,000 rupees.
BOOK III — CRIMES AND MISDEMEANOURS
TITLE II — OFFENCES AGAINST INDIVIDUALS
CHAPTER I — OFFENCES AGAINST THE PERSON
276 Giving false evidence in case of crime
(1) Any person who is convicted of giving false evidence in the prosecution of a crime, either for or against the prisoner,
Shall be punished by penal servitude for the term not exceeding 10 years.
BOOK III — CRIMES AND MISDEMEANOURS
TITLE II — OFFENCES AGAINST INDIVIDUALS
CHAPTER I — OFFENCES AGAINST THE PERSON
280 Subornation of perjury
Any person convicted of subornation of perjury shall be condemned to the same punishment as the perjured witness.
61. Inciting officer to mutiny
Any person who attempts to bribe, corrupt or seduce from his duty any officer or other person belonging to the State’s land or sea forces, or attempts to incite him to mutiny or disobedience, shall be punished by penal servitude for life or, where the Court is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence and has entered those circumstances on the record of the proceedings, for a term not exceeding 60 years.
101. Counterfeiting Court seal
Any person who—
(a) counterfeits or forges any seal of any Court or authority, or any puncheon used for marking wrought gold or silver; or
(b) makes use of any counterfeit or forged paper, security, seal, or puncheon, knowing it to be forged or counterfeit,
shall be punished by penal servitude.
106. Forgery by public officer
Any functionary, or public officer, acting in the discharge of his duty, who commits a forgery—
(a) by a false signature;
(b) by the alteration of any act, date, writing, or signature;
(c) by falsely stating the presence of a person; or
(d) by any writing made or interpolated in any register or other public act, after it has been completed or closed,
shall be punished by penal servitude.
158. Assault against member of the Assembly or judicial officer
(1) Any person who, even without arms and though no wound should ensue, strikes or assaults a member of the Cabinet, or of the Assembly, or a Magistrate or Judge, in the exercise of his functions, or on account of such functions, shall be punished by penal servitude for a term not exceeding 6 years and by a fine not exceeding 100,000 rupees.
(2) Where such assault is committed in the Assembly Chamber, or during the sitting of a Court or tribunal, the punishment may be penal servitude for a term not exceeding 20 years and a fine not exceeding 100,000 rupees.
159. Assault against agent of civil or military authorities
Any violence of the description specified in section 158, where directed against a ministerial officer, an agent of the civil or military authorities or any person entrusted with a public duty, and where committed whilst such officer, agent or person is performing his public duty or where committed in relation thereto, shall be punished by imprisonment for a term not exceeding 2 years and by a fine not exceeding 25,000 rupees.
162. Witness giving false excuse
Any witness, judicially summoned, who has alleged an excuse proved to be false, shall be condemned to imprisonment for a term not exceeding 2 years and to a fine not exceeding 100,000 rupees.
276. Giving false evidence in case of crime
Any person who is convicted of giving false evidence in the prosecution of a crime, either for or against the prisoner, shall be punished by penal servitude for a term not exceeding 20 years.
280. Subornation of perjury
Any person convicted of subornation of perjury shall be condemned to the same punishment as the perjured witness.
281. Giving false evidence on decisory oath
Any party in a civil suit who has been judicially put upon his oath, and makes a false declaration, shall be punished by penal servitude for a term not exceeding 20 years and by a fine not exceeding 100,000 rupees.
337. Hindering judicial sale
(1) Any person who at the adjudication of the property, usufruct, or lease of any property, or of any undertaking, supply, work, or engagement, impedes the freedom of any judicial sale, or of any tender, by assault, violence or threat whether before or during such sale or tender, shall be punished by imprisonment for a term not exceeding 3 monthsone year, and by a fine not exceeding 10100,000 rupees.
(2) The like punishment shall be applied to any person who by gift or promise, prevents any person from bidding.
PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS
7. Contempt of International Criminal Court
(1) Any person who, in relation to any proceedings before the International Criminal Court –
(a) gives false testimony when under an obligation, pursuant to Article 69, paragraph 1 of the Statute, to tell the truth;
(b) presents evidence that he knows is false or forged;
(c) corruptly influences a witness, obstructs or interferes with the attendance or testimony of a witness, retaliates against a witness for giving testimony or destroys, tampers with or interferes with the collection of evidence;
(d) impedes or intimidates an official of the International Criminal Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his duties;
(e) retaliates against an official of the International Criminal Court on account of duties performed by that or another official
shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to penal servitude for a term not exceeding 5 years.
PART III - FORMS OF MUTUAL ASSISTANCE
7. Foreign request for a virtual evidence-gathering order
(4) Where a witness gives evidence under subsection (3) -
(b) the law of Mauritius relating to perjury shall apply with respect to any evidence given by the person as though the person was a witness before a court in Mauritius.
(5) Where a witness refuses -
(a) to attend at the time and place fixed by the Judge in Chambers ; or
(b) to answer a question, or produce, or show a document or article as ordered by the Judge in Chambers under subsection (3),
he shall be in contempt of the court.
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.
4.
(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.