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” ;
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