S.L. 9.25 · European Investigation Order (S.L. 9.25)
S.L. 9.25 Art. 29Information on bank and other financial accounts.
(1) An EIO may be issued in order to determine whether any natural or legal person subject to the criminal proceedings concerned holds or controls one or more accounts, of whatever nature, in any bank located in Malta, and if so, to obtain all the details of the identified accounts.
(2) All the measures necessary shall be taken to provide the information referred to in sub-regulation (1) in accordance with the conditions under this regulation.
(3) The information referred to in sub-regulation (1) shall also, if requested in the EIO, include accounts for which the person subject to the criminal proceedings concerned has powers of attorney.
(4) The obligation set out in this regulation shall apply only to the extent that the information is in the possession of the bank keeping the account.
(5) In the EIO the issuing authority shall indicate the reasons why it considers that the requested information is likely to be of substantial value for the purpose of the criminal proceedings concerned and on what grounds it presumes that banks in the executing State hold the account and, to the extent available, which banks may be involved. It shall also include in the EIO any information available which may facilitate its execution.
(6) An EIO may also be issued to determine whether any natural or legal person subject to the criminal proceedings concerned holds one or more accounts, in any non-bank financial institution located on the territory of the executing State. Sub-regulations (3) to
(5) shall apply mutatis mutandis. In such case and in addition to the grounds for non-recognition and non-execution referred to in regulation 14, the execution of the EIO may also be refused if the execution of the investigative measure would not be authorised in a similar domestic case.
(7) Unless these regulations otherwise provide, the implementing procedure of this regulation shall be governed by article 435AA and 435BA of the Criminal Code which shall apply mutatis mutandis to this regulation.
Historique des modifications
- Amended by L.N. 451 of 2020
Renvoie à
- S.L. 9.25 Art. 435