Keyword

Jurisdiction

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

4. International crimes

(3) Where a person commits an international crime outside Mauritius, he shall be deemed to have committed the crime in Mauritius if he –
(a) is a citizen of Mauritius;
(b) is not a citizen of Mauritius but is ordinarily resident in Mauritius;

(c) is present in Mauritius after the commission of the crime; or
(d) has committed the crime against a citizen of Mauritius or against a person who is ordinarily resident in Mauritius

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

8. Jurisdiction

(2) A prosecution for an offence under section 7 shall take place before the Intermediate Court

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

21. Areas of co-operation and judicial assistance

(3) Notwithstanding any other enactment, assistance may be rendered under this Part in respect of an offence which was committed prior to the commencement of this Act.

Mauritius - Mutual Assistance Act 2003 EN

PART III - FORMS OF MUTUAL ASSISTANCE

7. Foreign request for a virtual evidence-gathering order

(1) Where the Central Authority grants a request by a foreign State, or an international criminal tribunal, to order a person to give evidence by means of technology that permits the virtual presence of the person in the territory over which the foreign State has jurisdiction or in the International Criminal Tribunal, it may apply to a Judge in Chambers for an order for the taking of the virtual evidence of the person.

Rome Statute

Article 11 Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13 Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or