Section 82A: Jurisdiction

82A. Jurisdiction (1) Where the act alleged to constitute an offence under this Act, or a money laundering offence, occurred outside Mauritius, a Court in Mauritius shall, regardless of whether or not the act constitutes an offence at the place of its commission, have jurisdiction in respect of that offence if the person to be charged— (a) is a citizen of Mauritius; (b) is ordinarily resident in Mauritius; (c) was arrested in Mauritius or in its territorial waters or on board a ship or aircraft registered or required to be registered in Mauritius at the time the offence was committed; (d) is a company incorporated, or registered as such under any law, in Mauritius; (e) is a body of persons incorporated in Mauritius, or an unincorporated body operating in Mauritius. (2) Any act alleged to constitute an offence under this Act or a money laundering offence and which is committed outside Mauritius by a person, other than a person contemplated in subsection (1), shall, regardless of whether or not the act constitutes an offence or not at the place of its commission, be deemed to have been committed also in Mauritius if that— (a) act affects or is intended to affect a public body, a business or any other person in Mauritius; (b) person is found to be in Mauritius; (c) person is, for any reason, not extradited by Mauritius, or if there is no application to extradite that person. (3) Any offence committed in a country outside Mauritius as contemplated in subsection (1) or (2) is, for the purpose of determining the jurisdiction of a Court to try the offence, deemed to have been committed— (a) at the place where the accused is ordinarily resident; or (b) at the accused person’s principal place of business. (4) Where a person is charged with conspiracy or giving instructions to commit an offence, the offence shall be deemed to have been committed not only at a place where the act was committed, but also at every place where the conspirator or the person giving instructions acted or, in case of an omission, should have acted. [S. 82A inserted by s. 15 of Act 1 of 2006 w.e.f. 29 April 2006.] [Issue 1] P24 – 38 Revised Laws of Mauritius