Mauritius

International Criminal Court Act 2011

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

6. Official capacity and superior’s orders

(1) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for a person convicted of an offence under that section, to plead that he is or was Head of State, a member of a Government or Parliament, an elected representative or a government official of a foreign State.
(2) (a) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for the a person convicted of an offence under that section to plead that he did the act constituting such offence in obedience to, or in conformity with, the law in force at the time, or pursuant to an order by a Government or a superior, whether military or civilian, unless –
(i) the person was under a legal obligation to obey the order of the
Government or the superior in question;
(ii) the person did not know that the order was unlawful; and
(iii) the order was not manifestly unlawful

Keywords

Determination of sentence - national proceedings
Mitigating factors - national proceedings



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