Section 2: Interpretation

2. Interpretation In this Act— “authorised person” means a law officer or a police officer designated in writing by the Attorney-General; M69 – 1 [Issue 4] Mutual Assistance in Criminal and Related Matters Act “Central Authority” means the Attorney-General, who shall, for the purposes of a request from a foreign State or an international criminal tribunal, or a request from Mauritius to a foreign State or an international criminal tribunal, be the appropriate competent authority; “confiscation”— (a) means the permanent deprivation of property by order of a Court; and (b) includes forfeiture, where applicable; “data” means representations, in any form, of information or concepts; “document” means any material on which data, capable of being read or understood by a person, a computer system or other device are recorded or marked; “evidence-gathering order” means an order made pursuant to section 6; “financial institution” means an institution or person regulated by an enactment specified in the First Schedule; “foreign confiscation order” means an order made by— (a) a Court in a foreign State in relation to a serious offence; or (b) an international criminal tribunal in relation to an international criminal tribunal offence, for the purpose of a confiscation of property in connection with that offence, or of the recovery of the proceeds of that offence; “foreign document” means a document, article or thing obtained pursuant to a request made by Mauritius under this Act; “foreign restraining order” means an order made in respect of— (a) a serious offence by a Court in a foreign State; or (b) an international criminal tribunal offence by an international criminal tribunal, for the purpose of restraining a person from dealing with property; “foreign State”— (a) means a State other than Mauritius, and every constituent part of such State, including a territory, dependency, protectorate, which administers its own laws relating to international cooperation; and (b) includes a foreign Government or international organisation with which Mauritius has entered into an agreement under the Piracy and Maritime Violence Act; “international criminal tribunal” means an international criminal tribunal specified in the Second Schedule and includes any investigatory, prosecutorial or adjudicatory organ of such tribunal; [Issue 4] M69 – 2 Revised Laws of Mauritius “international criminal tribunal offence” means any offence for which an international criminal tribunal has power or jurisdiction to prosecute a person; “proceedings”— (a) means any proceedings conducted by or under the supervision of a Judge, Magistrate or judicial officer, however described, in relation to any alleged or proved offence, any property derived from such offence or any related proceedings; and (b) includes— (i) any inquiry or investigation into a serious offence; or (ii) a preliminary or final determination of facts relating to a serious offence, whether or not conducted by or under the supervision of a Judge, Magistrate or judicial officer; “proceeds of crime”— (a) means any property derived or realised, directly or indirectly, from a serious offence; and (b) includes, on a proportional basis, property into which any property derived, or realised, directly from the offence was later successively converted, transformed or intermingled, as well as income, capital or other economic gains derived or realised from such property at any time since the offence; “property” means assets of e vision of a Judge, Magistrate or judicial officer; “proceeds of crime”— (a) means any property derived or realised, directly or indirectly, from a serious offence; and (b) includes, on a proportional basis, property into which any property derived, or realised, directly from the offence was later successively converted, transformed or intermingled, as well as income, capital or other economic gains derived or realised from such property at any time since the offence; “property” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit; “related proceedings”, in relation to criminal proceedings, means any civil proceedings arising from the same subject matter as that from which the criminal proceedings arose; “serious offence”— (a) means— (i) an offence against a law of Mauritius, for which the maximum penalty is imprisonment or other deprivation of liberty for a period of not less than 12 months; or (ii) an offence against a law of a foreign State for which the maximum penalty is imprisonment or other deprivation of liberty for a period of not less than 12 months; (b) includes an international criminal tribunal offence. [S. 2 amended by s. 11 (5) of Act 39 of 2011 w.e.f. 1 June 2012.] M69 – 3 [Issue 5] Mutual Assistance in Criminal and Related Matters Act