Mauritian Law
Mauritian Law
Here are some Laws of Mauritius. It may happen that you may need them as there are more and more offences been detected nowadays. Are you victim of an offence?? Do you want to help a friend who happen to be victim in a a criminal offence? These sections in the CRIMINAL CODE of MAURITIUS may help you and its your right to know about it.
- - - ASSAULT - - -
ASSAULT
Sec[229] - - Assault with premeditation
Where there has been premeditation or lying in wait, the punishment, if death has ensued, shall be penal servitude, and if death has not ensued, shall pe penal servitude for a term NOT exceeding 10 years.
Sec[230] - - Assault
Sub Sec.1 Where such wound, blow or other violence or assault has not caused any sickness or incapacity from personal labour of the description mentioned in SS228 the offender shall be punished by imprisonment for a term not exceeding one year and by a fine not exceeding 5,000 rupees.
SubSec.2 where there has been premeditation or lying in wait, the offender shall be punished by imprisonment and by a fine not exceeding 10,000 rupees.
SubSec.3A Not withstanding section 152 of the criminal procedure act where it is averred that the assault is directed against a minor under the age of 14 or a physically or mentally handicapped person, a person charged under SS2 shall, on conviction be liable to imprisonment for a term of not less than 3 months.
SubSec.3B Part X of the criminal procedure act and the probation offender’s act shall not apply to a person liable to be sentenced under Para A
ASSAULT
SEC[231] - - Assault upon mother or father
In the cases provided for by sections 228 and 229, where the offender has committed the crime upon his father and mother, whether legitimate, natural or adoptive or upon his spouse or any person with whom he lives or he has lived martially or any minor child of such person, such offender shall suffer the severest punishment set forth in those sections according to the distinctions therein established.
SEC[232] - - Assault by serious gathering
Where the crime or misdemeanors specified in SS 215 TO 238 are committed by a serious meeting with rebellion or plunder, they shall be imputable to the chiefs, authors, instigators and inciters of such meeting, rebellion or plunder, who shall be punished as guilty of such crimes or misdemeanors and be condemned to the like punishment as those who have personally committed them.
ASSAULT
SEC[228] - -Assault with aggravating circumstances
Sub Sec.1 Any person who willfully inflicts any wound or blow, or is the author of any other violence of assault shall if such acts of violence has caused any sickness or incapacity for personal labour for more than 20 days be punished by imprisonment and a fine NOT exceeding 10,000 rupees.
Sub Sec.2 Where as a result of any act of violence specified in SS1, the person injured or assaulted has had an arm, a leg or a thigh broken or has lost the use of both eyes or one eye only, the offender shall be punished by penal servitude not exceeding 10 years and to a fine not exceeding 10,000 rupees.
Sub Sec.3 Where the wound or blow inflicted willfully, but without intention to kill, shall nevertheless caused death, the offender shall be punished by penal servitude for term not exceeding 10,000 rupees.
Sub Sec.4 Where the crime specified in SS.3 has preceded, accompanied or followed another crime, the offender shall be punished by penal servitude.
Sub Sec.5A Not withstanding sec 152 of the criminal procedure act, where it is averred that the victim of any offence specified in ss 1 to 4 is any minor under the age of 16 or a physically or mentally handicapped person, the person charged shall, on conviction be liable to imprisonment for a term of not less than 2 years.
Sub Sec.5B Part x of the criminal procedure act and the probation of offender act shall not apply to a person liable to be sentenced under Para A
- - - SWINDLING - - -
Sec 330 – Swindling
SubSec.1 Any person who, by using a fictitious name or assuming
a false character, or by employing fraudulent pretences to establish
the belief of the existence of any fictitious operations or of any imaginary power or credit, or to create the expectation or apprehension of any success, accident or chimerical event, or who, by means of a cheque drawn on any banker in Mauritius to the order of any person or to bearer, for the payment of which there is insufficient provision at the time of the presentment thereof obtains the remittance or delivery of any funds, movable property, obligation, condition, bill, acknowledgement, acquaintance or discharge, and by any such means as aforesaid, swindles another person out of the whole or of a part of his property, shall be punished by penal servitude for a term not exceeding 10 years, and by a fine not exceeding 50,000 rupees.
SubSec.2A Notwithstanding sections 151 and 152 of the criminal procedure act, where it is averred that the person swindled is a minor or a mentally handicapped person, the person charged shall on conviction be liable to imprisonment for a term of not less than 2 years together with a fine not exceeding 10,000 rupees.
Sec 333 - - EMBEZZLEMENT
SubSec.1 Any person who embezzles, squanders away or destroys or attemps to embezzle squander away or destroy to the prejudice of the owner, possessor or holder, any goods, money valuables, security, bill acquittance or other document containing or creating an obligation or discharge, which has been delivered to such person merely in pursuance of any lease or hiring [louage], deposit [depot], agency[mandate], pledge [nantissement], loan for use [prêt a usage] or for any work with or without a promise of remuneration with the condition that the same be returned or produced to be used or employed for a specific purpose shall be punished by imprisonment and a fine not exceeding 10,000 rupees.
SubSec.2 Where the offence has been committed by a public or a ministerial officer, or by a servant or a person in service receiving wages, or a pupil, clerk, workman, journeyman or apprentice, to the prejudice of his master, the punishment shall be penal servitude for a term not exceeding 10 years, without prejudice to sections 178, 179 and 180 in respect of the embezzlement, abstraction or destruction of money, goods, or papers when committed in places of public deposit.
Sec 333A - - Embezzlement of security or charge
Any person who –
[A] Being a doctor, borrower or surety, destroys, embezzles or attempts to destroy or embezzle, any property furnished by him as security with or without actual parting of possession;
[B] In relation to a charge, without the consent of the appropriate –
[i] In favour of which he has created a fixed charge, or
[ii] After having been notified of the conversion of a floating charge into a fixed one, sells or otherwise disposes of any property subject to the charge shall commit an offence and shall, on conviction be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.