What a private detective can investigate

We will now show you what the profession of private detective can bring and what it can cover. We will also see what a private detective can investigate, in order to know the limits and possibilities of this service.

QUESTION: WHAT IS THIS SERVICE (PRIVATE INVESTIGATION) CONTRACTED FOR?

Private detectives help to find out the truth and to solve all the doubts that their clients may have. Likewise, these professionals can also obtain all the evidence necessary for the resolution of a legal case.

Their reports can be provided as documentary evidence. It should also be noted that, if necessary, private detectives can testify in court. It should not be forgotten that this profession is gaining ground in companies, as private detectives look after profit, performance and development in both companies and businesses.

QUESTION: WHAT THEY CAN AND CANNOT DO (PRIVATE DETECTIVES)

We remind you that private detectives are covered by the Private Security Law and Regulations. These professionals are in the same league as other professionals in the same sector, such as security guards, security chiefs and directors, bodyguards, whether personal or otherwise, etc.

This law and the regulations governing these professionals are regulated by two very specific points:

• Article 19 and 20 (Section VI); Regulating the functions of these professionals, the functions and activities that they may or may not carry out are indicated.
• Articles 101 to 110 (Regulation Section VI).

LIMITS OF THE LAW ON PRIVATE DETECTIVE INVESTIGATIONS

We will now discuss the law that is currently in force. This Law was preceded by the Ministerial Order of 1981, in its article number 8, we can see how it states textually that private detectives cannot carry out private investigations into offences which can be prosecuted ex officio.

It is also true that such private practitioners sometimes encounter these prosecutable offences. When this happens, private detectives are obliged to make all information in the file immediately available to the police.

We emphasise that it is not possible to investigate matters that are not prosecutable ex officio, as long as they do not have a legitimate cause. They may not use technical means or materials that infringe the right to privacy, honor, image or make use of tools that may violate the protection of communications.

FUNCTIONS OF A PRIVATE DETECTIVE

Among other things, the following are some of the things that private investigators can do after accepting a private investigation, whether the client is a natural or legal person;

• These private professionals will be able to obtain and provide all information and evidence of the facts, as well as the conduct under investigation.
• Private investigations of prosecutable offences may only be carried out when they are commissioned in a legitimate way by criminal proceedings.
• Among other things, surveillance can be carried out in hotels, events, exhibitions and similar areas.