PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS
6. Official capacity and superior’s orders
(1) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for a person convicted of an offence under that section, to plead that he is or was Head of State, a member of a Government or Parliament, an elected representative or a government official of a foreign State.
(2) (a) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for the a person convicted of an offence under that section to plead that he did the act constituting such offence in obedience to, or in conformity with, the law in force at the time, or pursuant to an order by a Government or a superior, whether military or civilian, unless –
(i) the person was under a legal obligation to obey the order of the
Government or the superior in question;
(ii) the person did not know that the order was unlawful; and
(iii) the order was not manifestly unlawful
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.