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Section 22: Request for assistance in obtaining evidence

International Criminal Court Act · PART V: CO-OPERATION AND JUDICIAL ASSISTANCE

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

22. Request for assistance in obtaining evidence (1) A request by the International Criminal Court for assistance in obtaining evidence in Mauritius for use in the International Criminal Court shall be submitted in writing to the Attorney-General. (2) On receipt of such request, the Attorney-General shall satisfy himself that— (a) proceedings have been instituted in the International Criminal Court; (b) there are reasonable grounds for believing that an international crime within the jurisdiction of the International Criminal Court has been committed; or (c) an investigation in respect of the alleged crime is being conducted by the Prosecutor of the International Criminal Court. (3) For the purposes of subsection (2), the Attorney-General may rely on a certificate issued by a Judge of the International Criminal Court or the Prosecutor of the International Criminal Court, confirming one or more of the requirements referred to in subsection (2). (4) Where the Attorney-General is satisfied that one or more of the requirements referred to in subsection (2) have been complied with, he shall submit the request referred to in subsection (1) to the Magistrate within whose area of jurisdiction the witness resides or is believed to be present, as well as to the Director of Public Prosecutions.

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