Nullum crimen sine lege

Mauritius

Mauritius - Constitution 1968 (2016) EN

''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 10. Provisions to secure protection of law''

4. No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

Mauritius - Constitution 1968 EN

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

10. Provisions to secure protection of law

(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

Mauritius - Mutual Assistance Act 2003 EN

PART II - REQUESTS

5. Request to Mauritius

(2) The Central Authority may, in respect of a request under subsection (1) from a foreign State -

(b) refuse the request, in whole or in part, on the ground -
(iv) of absence of dual criminality, where granting the request would require a court in Mauritius to make an order in respect of any person or property in respect of conduct which does not constitute an offence, nor gives rise to a confiscation or restraining order, in Mauritius ;

PART II - REQUESTS

5. Request to Mauritius

(2) The Central Authority may, in respect of a request under subsection (1) from a foreign State -

(b) refuse the request, in whole or in part, on the ground -
(v) that the request relates to an offence under military law, or a law relating to military obligations, which would not be an offence under ordinary criminal law ;

Rome Statute

Article 22 Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.