Legal Framework Jurisprudence

Legal Framework

Article 19:

1.The private detectives, requested by the interested parties, are entrust of:

To obtain and to provide information and proofs about behavior or private facts
The investigation of prosecution crimes only requested by the interested parties in the final process
Surveillance in hotels, expositions or any field

(...)

3. Either, they couldn’t maked investigations about prosecution crimes, where they must to report before the authority, any fact that coming to his knowledge and putting all the information that could has been obtained.

Law 23/1992, july 30th, of Private Security (LSP)

Royal Decree 1123/2001, October 9 th, Regulations of Private Security (RSP)

Royal Decree 1123/2001, October 19 th

Civil Procedure Rules, article 265: To all demand or answered will have to also give the reports maden by the private detectives about relevants facts.

Jurisprudence

The private detectives are:

“An habitual means of proofs and an important instrument of exclusivity for the well control of employ duty made by the businessman” (High Court, November 6 th, 1990)

“The Process Law allow to the parties, make use of many proofs, as long as they are regulated inside the law: word, image and sound reproduction” (High Court of Justice of Catalunya, may 5 th, 1993)

“Logically, the evidence has been emited by the private detectives has, not only the professional guarantee, but also gives the essential dedication to the object from the evidence and the complements credits, graphics or audible signals”.(High Court, November 6 th, 1990)

“The división of the Administrative Contentious Process, consider legal that an public organism contract a detective for research to it`s employee during the office hours because it doesn`t hurt the intimacy rihgt” (High Court, may 12 th, 1998).

< Prev