data that comprises the basis of the output will be considered, for the purposes of subsection (a)(1), as the date of the record's documentation. (c) The directives of Subsection (a) shall not apply to a record that was documented by one of the investigative authorities or the criminal prosecution and is submitted in a criminal proceeding by such an authority. This Subsection does not disqualify or restrict the submission of such record, if it is possible to submit it in accordance with the stipulations of Section 39B. (d) If evidence is admitted under this Section, the opposing side will be entitled to conduct a crossexamination of witnesses it summons to testify, in order to refute the evidence, if these witnesses are connected to the party on whose behalf the evidence was submitted.” (c) Section 37 shall be deleted; (d) Section 38 shall be replaced by the following: “Non-compulsion of submission of an institutional record of a banking corporation 38. In the course of a legal proceeding in which a banking corporation is not a party, a banker or an official of a banking corporation, shall not be compelled to submit an institutional record of a banking corporation whose content is subject to verification under this Clause, or to testify about transactions or accounts registered in the institutional record, unless under a court warrant issued for a special reason.” (e) In Section 39 – (1) The headline shall be replaced by “Permission to examine an institutional record of a banking corporation”; (2) In Subsection (a), the words “that is within the institutional record of a banking corporation” shall replace the words “that is within a bank book” ; 6

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