Criminal Procedure Code at Mauritius
Mauritius's criminal justice system is governed by the Criminal Procedure Act, officially known as Cap. 169, which provides the legal framework for criminal investigations, prosecutions, and trials. This Act outlines the procedures for the administration of criminal justice in Mauritius, ensuring fairness and due process.
⚖️ Key Features of the Criminal Procedure Act (Cap. 169)
1. Pre-Trial Procedures
Arrest and Detention: The Act specifies the conditions under which a person may be arrested and detained, including the requirement for a warrant issued by a judge or magistrate. It also outlines the rights of the detained individual, such as the right to be informed of the reasons for their arrest and the right to consult with a legal representative.
Bail: The Act provides guidelines for the granting of bail, including factors that the court must consider, such as the nature and seriousness of the offense, the likelihood of the accused appearing in court, and the potential risk to public safety.
2. Trial Procedures
Arraignment: Before trial, the accused is brought before the court to hear the charges against them and to enter a plea. The Act outlines the process for this procedure, ensuring that the accused understands the charges and their rights. (Criminal Procedure ACT, Cap 169 - Revised Laws of Mauritius C59 – 1 [Issue 4] CRIMINAL PROCEDURE ACT - Studocu)
Conduct of Trial: The Act details the conduct of criminal trials, including the presentation of evidence, examination and cross-examination of witnesses, and the role of the judge in maintaining order and ensuring a fair trial.
Verdict and Sentencing: After the trial, the court delivers its verdict. If the accused is found guilty, the Act provides guidelines for sentencing, considering factors such as the severity of the offense and any mitigating circumstances.
3. Appeals and Post-Conviction Procedures
Appeals: The Act allows for appeals against convictions and sentences to higher courts, providing a mechanism for reviewing decisions and ensuring justice.
Post-Conviction Relief: Provisions are included for the review of convictions in cases where new evidence emerges or where there are grounds to believe that the conviction was unsafe.
📄 Accessing the Full Text
The full text of the Criminal Procedure Act (Cap. 169) is available through the official government portal:
👉 Criminal Procedure Act (Cap. 169) - Mauritius Government Portal
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