Mauritius

Mutual Assistance in Criminal and Related Matters Act 2003

PART III - FORMS OF MUTUAL ASSISTANCE

13. Effect of registration of foreign confiscation order or foreign restraining order

(3) Any person who claims to have an interest in property subject to an order registered under section 12 shall, within 21 days from the last publication of the registration under section 12, apply to the Court for an order under subsection (4).

(4) Where the Court is satisfied that the applicant under subsection (3) -

(a) was not in any way involved in the commission of the offence in respect of which the confiscation or restraining order was sought ; and
(b) acquired the property without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time of acquisition tainted property,
the Court shall make an order declaring the nature of the interest of the applicant.

Keywords

Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders



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