Criminal Code (Cap. 9), article 435AA

435AA. (1) Where the Attorney General has reasonable cause to suspect that a person is guilty of a relevant offence (hereinaf ter referred to as "the suspect") he may apply to the Criminal Cour t for an order (hereinafter referred t o as a "monitoring order") requ iring a bank to monitor for a specified period th e transactions or ba nking operations being carried out through one or more accounts in th e name of the suspect, or through one or more accounts suspected to have been used in the commission of the offence or which could provide information about the offence or the circumstances ther eof, whether before, during or after the commission of the offence, including any such accounts in the name of legal persons. The b ank shall, on the demand of the Attorney General, communicate to th e person or authority indicated by the Attorney General the information resulting from the monitoring. (2) Where a monitoring order has been made or applied for, whosoever, knowing or suspecting that the monitoring is taking place or has been applied for, discloses that such monitoring i s taking place or has been applied for or makes any other disclos ures likely to prejudice the monitoring operation shall be guilty of an offence and shall, on conviction, be liable to a fine ( multa ) not exceeding twelve thousand euro (€12,000) or to imprisonment not exceeding twelve months, or to bot h such fine and imprisonment: Provided that in proceedings for an offence under this sub- article, it shall be a defence fo r the accused to prove that he did not know or suspect that the disclosu re was likely to prejudice the monitoring operation. (3) For the purposes of this arti cle, "relevant offence" means a n offence, not being one of an involuntary nature, consisting of any act or omission which if committed in these islands, or in corresponding circumst ances, would constitu te an offence liable to the punishment of imprisonment or of detention for a term of mo re than one year. Temporary surrender of person in custody to foreign country. Added by: XXXI.2007.19.