National penalties - maximum penalty

Mauritius

Mauritius - Criminal Code 1983 (2006) EN

BOOK I — PENALTIES

11 Penal servitude

(1) The punishment of penal servitude is imposed for life or for a minimum term of years.

BOOK III — CRIMES AND MISDEMEANOURS

TITLE I — OFFENCES AGAINST THE STATE

CHAPTER I — OFFENCES OF A PUBLIC NATURE

64 Taking command of armed force

Any person who —

(a) without lawful right or reason, takes the command of an armed force, troop, fleet, squadron, man of war, fortified place, post, port or town ;
(b) continues to hold any military command against the order of the Government ; or
(c) being a commander keeps his army or troops embodied after the disbanding or dismissing of the same has been ordered,
shall be punished by penal servitude for life or for a term not exceeding 20 years.

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.

Mauritius - ICC Act 2011 EN

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

4. International crimes

(1) Notwithstanding any other enactment, any person who commits –
(a) a crime against humanity;
(b) genocide; or
(c) a war crime,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 45 years

PART II – OFFENCES AND JURISDICTION OF COURTS OF MARITIUS

4. International crimes

(2) Any person who –

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 45 years

Mauritius - Mutual Assistance Act 2003 EN

PART IV - MISCELLANEOUS

22. Offences

Any person who contravenes section 20 shall commit an offence and shall be liable, on conviction, to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 5 years.

PART IV - MISCELLANEOUS

23. Regulations

(1) The Attorney-General may make such regulations as he thinks fit for the purposes of this Act.

(2) Any regulations made under subsection (1) may provide for-

(a) the taking of fees and the levying of charges ;
(b) matters necessary or convenient for carrying out or giving effect to this Act ;
(c) the amendment of the Schedules ;
(d) that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and imprisonment not exceeding one year.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.