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 -

(b) refuse the request, in whole or in part, on the ground -

(i) that compliance with the request would be contrary to the Constitution ;
(ii) of prejudice to the sovereignty, international relations, security, public order, or other public interest of Mauritius ;
(iii) of reasonable belief that the request for assistance has been made for the purpose of prosecuting a person on account of that person's race, sex, religion, nationality, ethnic origin or political opinions, or that a person's position may be prejudiced for any of those reasons ;
(iv) of absence of dual criminality, where granting the request would require a court in Mauritius to make an order in respect of any person or property in respect of conduct which does not constitute an offence, nor gives rise to a confiscation or restraining order, in Mauritius ;
(v) that the request relates to an offence under military law, or a law relating to military obligations, which would not be an offence under ordinary criminal law ;
(vi) that the request relates to a political offence or an offence of a political character ;
(vii) that the request relates to an offence, the prosecution of which, in the foreign State, would be incompatible with laws of Mauritius on double jeopardy ;
(viii) that the request requires Mauritius to carry out measures that are inconsistent with its laws and practice, or that cannot be taken in respect of criminal matters arising in Mauritius ;

Keywords

Refusal of ICC request



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