'National penalties - national proceedings' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

4. International crimes

(1) Notwithstanding any other enactment, any person who commits

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

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 .