PART I – PRELIMINARY

2. Interpretation

In this Act –

“forfeiture order” means an order, issued by the International Criminal Court, aimed at recovering the proceeds of an international crime or the value of such proceeds

PART VI - OTHER FORMS OF ASSISTANCE

36. Effect of registration

(1)Notwithstanding any other enactment a sentence or an order of the International Criminal Court shall have effect as a sentence or order of a Court in Mauritius.

(2)Any sentence or order registered in terms of section 34 or 35 shall have the effect of a civil judgment of a Court in favour of the State, as represented by the Attorney-General.

(3)A forfeiture order may not be executed before the expiry of the period within which an application for the setting aside of the registration may be made, or if such application has been made, before the application is finally determined.

(4)The Attorney-General shall, subject to any agreement or arrangement between the International Criminal Court and Mauritius, pay over to the International Criminal Court any amount realised in the execution of a sentence or recovered in terms of an order, less any expenses incurred in connection with the execution of such sentence or order .

Article 76
Sentencing
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.

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.