Direct execution of request on State territory following determination of admissibility

Mauritius

Mutual Assistance in Criminal and Related Matters Act 2003

PART II - REQUESTS

5. Request to Mauritius

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

(a) promptly grant the request, in whole or in part, on such terms and conditions as it thinks fit or refer the matter to the appropriate authority for prompt execution of the request, in which case the Central Authority may represent the foreign State in proceedings entered to give effect to the request ;

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(4) (a) Subject to subsection (9), the Judge in Chambers shall grant an application for an evidence-gathering order where he is satisfied that there are reasonable grounds to believe that -

(i) a serious offence has been or may have been committed against the law of the foreign State or an international criminal tribunal offence has been or may have been committed ; and
(ii) evidence relating to an offence referred to in subparagraph (i) may be -

(A) found in Mauritius ; or
(B) given or produced by a person believed to be in Mauritius.

(b) The Judge in Chambers shall not grant an application for a search warrant where it would, in all the circumstances, be more appropriate to grant an evidence-gathering order.

Rome Statute

Article 99 Execution of requests under articles 93 and 96

4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;