LEGAL NOTICE
To comply with article 10 of Law 34/2002 on Services of the Information Society and Electronic Commerce, we inform users of our data:
Company Name: R&P DETECTIVES S.L, has been granted license no. 473 of the Ministry of the Interior and is registered with number 220 by the College of Private Detectives of Catalonia.
Address: C/ Rosselló 253, Piso 3º 2ª, 08008 Barcelona
Phone:932 151 305
E-Mail: info@rpdetectives.com
Web: www.rpdetectives.com
Private Detectives, at the request of natural or legal persons, will be in charge of:
a) To obtain and provide information and evidence on conduct or private events.
b) Investigation of crimes that are only prosecuted upon the request of a party, commissioned by the legitimate parties involved in the criminal proceedings.
c) Surveillance at fairs, hotels, exhibitions, or similar environments.
For these purposes, private conduct or acts shall be considered those that affect the economic, employment, commercial, financial, and, in general, personal, family, or social life, with the exception of those carried out in private residences or reserved places.
In the scope of section c), large commercial areas and highly frequented public venues shall be considered included.
LEGISLATION OF PRIVATE DETECTIVES IN CATALONIA AND THE SPANISH STATE.
1. REQUIREMENTS
2. ACCREDITATION
3.FUNCTIONS
4. PROHIBITIONS
5. DETECTIVE AGENCIES
6. ESTABLISHMENT OF BRANCHES
7.LOGBOOK-REGISTER AND LIABILITY
1. REQUIREMENTS
a) a) Being of legal age
b) Having the nationality of a country within the European Union or a State party to the Agreement on the European Economic Area.
c) Having the necessary physical fitness and mental capacity to perform the respective functions without suffering from any illness that would prevent their performance.
d) Having no criminal record.
e) Not having been convicted of illegitimate intrusion into the sphere of protection of the right to honor, personal and family privacy, self-image, secrecy of communications, and other fundamental rights in the five years prior to the application.
f) Not having been sanctioned in the two or four years prior, respectively, for serious or very serious infractions in security matters.
g) Not having been discharged from service in the Armed Forces or in the Security Forces and Corps.
h) Not having exercised control functions over entities, services, or actions of security, surveillance, or private investigation, nor their personnel or resources, as a member of the Security Forces and Corps in the two years prior to the application.
i) Passing the tests that demonstrate the knowledge and qualifications necessary to perform the respective functions.
j) Being in possession of the title of Unified Polyvalent Baccalaureate, Baccalaureate, Second Degree Vocational Training, Technician of Professions, or other equivalent or higher qualifications as determined.
k) Being in possession of a private detective diploma issued by Criminology institutes or other official and accredited centers approved by the Ministry of Education and Culture, obtained after successfully completing established programs that comprise 180 credits, with each credit corresponding to ten hours of instruction, carried out over at least three academic years.
l) Not be an active civil servant of any of the Public Administrations at the time of the application, nor during the two years prior to it.
2. ACCREDITATION
To obtain the qualification as a private detective, the following documentation must be provided:
- Instance of the interested party.
- Certified photocopy of the ID or, where appropriate, of the valid residence or identity card, stating the nationality of the holder and expression of the Foreigner Identity Number (NIE).
- Medical certificate of possessing the physical fitness and mental capacity necessary for the exercise of the position (Accreditation in the manner provided in the Second Transitory Provision of the Order
of July 7, 1995). - Criminal record certificate, issued by the Central Registry of Convicts and Rebels for Spaniards and foreigners residing in Spain, and original and equivalent document that has the same effects for non-resident foreign applicants
- Declaration referred to in article 20 of Law 23/1992 and paragraphs e) and f) of article 53 of Royal Decree 2364/1994.
- If he had been a member of the Security or Military Forces and Bodies, a document proving his administrative situation and meeting the requirements of article 53 g) and h).
- Certified photocopy of the Bachelor’s Degree or equivalent.
- Certified photocopy of the private detective diploma recognized for these purposes by the Institutes of Criminology.
- In the case of personnel at the service of Public Administrations, accrediting the provisions of the Fourth Additional Provision of Royal Decree 2364/1994.
- Document accrediting being registered with the I.A.E., for detectives with an open office, or, where appropriate, registered with Social Security, for associated or dependent detectives.
- 2 passport size photographs that meet the requirements established in Annex 5 of the Order of July 7, 1995.
- Proof of having made the payment of the fee for the qualification of Private Detective and their respective specialties, in accordance with model 750, in favor of the Public Treasury, in the collaborating Banks or Savings Banks (restricted account of the State Agency for the Tax Administration) The aforementioned model 750 will be provided at the Police Stations and must be completed with the corresponding data, indicating the eighth as the applicable rate, and the receipt will be delivered with the copy for the Administration.
3.FUNCTIONS
Private detectives, at the request of natural or legal persons, will be in charge of:
a) To obtain and provide information and evidence on conduct or private events.
b) Investigation of crimes that are only prosecuted upon the request of a party, commissioned by the legitimate parties involved in the criminal proceedings.
c) Surveillance at fairs, hotels, exhibitions, or similar environments.
For these purposes, private conduct or acts shall be considered those that affect the economic, employment, commercial, financial, and, in general, personal, family, or social life, with the exception of those carried out in private residences or reserved places.
In the scope of section c), large commercial areas and highly frequented public venues shall be considered included.
4. PROHIBITIONS
Private detectives may not carry out investigations on crimes prosecutable ex officio, and must immediately report to the competent authority any fact of this nature that comes to their attention and making available to them all the information and instruments they may have obtained related to said crimes.
In no case may they use for their investigations personal or technical means that violate the right to honor, personal or family privacy, their own image or the secrecy of communications.
5. DETECTIVE AGENCIES
– The commercial, labor or detective cooperative companies must be constituted only by natural persons authorized by regulation as such, and must send to the General Directorate of the Police, for the purposes of registration in the Registry, an authorized copy of the deed of incorporation of the company and certificate or registration note of the same in the corresponding registry.
– They will also communicate any change that occurs in the composition of the company’s administrative bodies, ownership of the shares or representative shares of its capital and in the increases or decreases of this. The communication must be sent to the General Directorate of the Police within fifteen days from the date on which the corresponding deed is granted or the modification in question occurs, corresponding to the aforementioned management center to transfer the communication to the competent Autonomous Community.
– The members of these societies may only engage in the activities of detectives, and may not carry out any of those attributed exclusively to security companies.
6. ESTABLISHMENT OF BRANCHES
– Private detectives may establish delegated offices or branches in different locations, and in any case each of them must be directed by a detective authorized in accordance with the provisions of the Private Security Regulations.
– For this, they must notify the General Directorate of the Police in advance, which will notify the competent Autonomous Community, the opening of the delegation or branch, determining its location and accompanying the documents related to the detectives in charge who are going to work in the same.
7.LOGBOOK-REGISTER AND LIABILITY
In each office and branches, the detectives will keep a record book that will include:
- Order number of the research assignment and its date.
- Name and surname or company name and address of the client and of the person or persons investigated
- Indication of the subject
- End date of the research assignment
- Known prosecutable crimes
- Body to which they communicate
- In the event that it is computerized, it must abide by the provisions of current legislation on the protection of personal data.
- Private detectives will be civilly liable for the actions or omissions in which, during the execution of their services, the dependent or associated detectives who are linked to them incur.
- The pages of the Detective Record-Book or, where appropriate, the sheets or supports that are used for the subsequent formation of the former, must be numbered and sealed prior to the start of the annotations.
On its first page, the Superior Police Headquarters, the Provincial or Local Police Station, or the Autonomous Police corresponding to the territorial demarcation of the office or its delegations, will record the authorization of the Book. The following details shall be included in said procedure:
- Purpose for which the Book is intended
- Name of the office detective
- Registration order number in the Detective Registry
- Number of pages that the Book consists of
- Precept that completes the diligence
- Place and date of the same, and must be signed by the person in charge of the respective police unit or person delegated.
