Forfeiture of assets - national proceedings


Mauritius - Mutual Assistance Act 2003 EN


2. Interpretation

"confiscation" –

(a) means the permanent deprivation of property by order of a Court ; and

(b) includes forfeiture, where applicable ;


4. Request from Mauritius

(2) A request under subsection (1) may require the foreign State or, as the case may be, the international criminal tribunal, to provide such assistance as may be specified in the request and, in particular to -

(e) confiscate any property reasonably believed to be located in the foreign State, which is the subject of a confiscation order made by a Court in Mauritius and transmit such property or, any proceeds realised therefrom, to Mauritius ;
(f) take measures for the freezing or confiscation of proceeds of a serious offence ;

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and