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Section 23: Discharge of Confiscation Order

Asset Recovery Act · PART III: CONVICTION-BASED ASSET RECOVERY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

23. Discharge of Confiscation Order (1) A Confiscation Order shall be discharged— (a) on the satisfaction of the Order by payment of the amount due under the Order; (b) if the conviction for the offence in reliance on which the Order was made is, or is taken to be, quashed and no conviction for the offence is substituted; or (c) if the Order is quashed. (2) For the purposes of subsection (1) (b), a person’s conviction for an offence shall be taken to be quashed in any case where— (a) the conviction is quashed or set aside; [Issue 5] A23A – 16 Revised Laws of Mauritius (b) the person is charged with and found guilty of the offence but is discharged, without any conviction being recorded; or (c) the person is granted a pardon in respect of his conviction for the offence. [S. 23 amended by s. 13 of Act 24 of 2012 w.e.f. 10 November 2012.]

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