Faq

The profession of private investigator is governed by many rules of law. First, this liberal profession is defined in Title II of Book IV of the Code of Homeland Security. It derives from section L621-1 of the Code of Homeland Security, which states that “the liberal profession is subject to the provisions of this title, which consists, even without stating its quality or revealing the purpose of its mission, information or information intended for third parties, in order to defend their interests.”
In addition, it is subject to the code of ethics of detectives and must ensure that it respects the law, the law and the privacy of others.

The private detective profession is a regulated profession. The latter appeared with the law of 18 March 2003 which sets the regulatory framework for the activity. It was not until October 27, 2014 that this 2003 law was included and codified in the Homeland Security Code.

Accreditation is an authorization that is issued by an authority to allow the exercise of a profession. It is obtained by a professional who possesses the qualities as well as the necessary training to practice his profession. In this case, the certification for detectives is issued by the CNAPS.

An authorization to practice is essential in order to achieve a regulated profession. It allows you to practice a trade while respecting all the duties that refer to it.

The profession of private research agent has recently been governed by the code of ethics. It is only since Decree No. 2012-870 of July 10, 2012 that the code of ethics is created and then incorporated into the Code of Homeland Security. The Code of Ethics is intended to govern the relationship between clients and detectives.

The prerogatives of a detective are diverse and begin from the first meeting with the client. The private research officer has a pre-contract duty of advice, he must inform his client about the means that can be put in place during the investigation, risks, … He must then carry out a mandate contract in accordance with the law, with a legal framework and the purpose of the mission. Subsequently, the detective has an obligation to inform throughout the investigation. Finally, the professional must produce and return a summary report to his client.

First, a warrant contract is made between a detective and the client. This contract must comply with the law and include the purpose of the mission. Subsequently, the professional performs in the necessities of the mission, a legal monitoring on the Internet, an internet and physical tracking if necessary, surveillance and a spinning if necessary. During his speech, he will keep the client informed of the progress of the mission. He can also get additional information from his client which will allow him to search for other items.
Throughout the investigation, the PRA can prepare a detailed report called a circumstanier to complete the final report more simply and quickly. This detailed report is only accessed by the PRA and will not be provided to clients. At the end of the mission, whether the result is positive or not, a summary report is carried out and then returned by the professional.

A detective cannot carry out a mission without the creation of a mandate contract. If the latter carries out an investigation without a contract then he risks being sanctioned by the CNAPS as well as incurring his responsibility, thus a criminal sanction.

A contract of mandate may be signed remotely, either through an electronic signature in accordance with Article 1366 of the Civil Code which states that “electronic writing has the same probative force as written on paper, provided that the person from whom it originates can be duly identified and that it is established and preserved under conditions likely to guarantee its integrity.”
The contract can also be signed through a power of attorney. This power of attorney is to ask a trusted person to come and sign the warrant. This person will then have to present himself with his identity card and a power of attorney written by the person concerned by the person concerned.

The detective’s report is carried out at the end of the mission and therefore returned when it is closed.

The invasion of privacy is governed by article 226-1 of the Penal Code, which then gives the conditions below.
“It is punishable by one year’s imprisonment and a fine of 45,000 euros for wilfully infringing the privacy of others by any means of any procedure:
(1) By capturing, recording or transmitting, without the consent of the author, words spoken privately or confidentially;

(2) By fixing, recording or transmitting, without the consent of the person, the image of a person in a private place.
Where the acts mentioned in this article were carried out in full view of the parties concerned without their opposition, when they were in a position to do so, their consent is presumed. »

The private investigator only has access to public files, so he does not have access to police files. It must then be satisfied with the information open to all and its methods of investigation.

GPS tags or tracers are strictly prohibited by law, unless the person who has been tagged has consented. Using a GPS beacon is an invasion of privacy and can therefore result in heavy penalties.

When one realizes the profession of detective many professions are then incompatible with the latter. You cannot do two security trades simultaneously, as you cannot carry out the job of detective and an activity related to weapons, public order, personal data. These inconsistencies are due to the fact that the detective must remain independent in his profession.

As noted in Article E-12 – Cumulative activities incompatible with the profession of the Code of Ethics which states that “the professional activity of Detectives, Private Investigators, Private Research Officers (PRAs) is incompatible with any occupation likely to impair their independence, or likely to harm the image of the profession.”

The main role of a detective is total discretion in carrying out his investigations, even if they are carried out for individuals or professionals. Depending on the objective of the mission, the mission can be carried out in complete confidentiality. For example, during an infiltration into the company, the detective will be known as a new employee so his mission will be carried out confidentially in order to obtain the information sought.

The private investigator is subject to an obligation of means but no result. That is, it must use all the means at its disposal to carry out its investigation, but it may not achieve a positive result.

They are not governed by the same laws, they do not have the same obligations and prohibitions. In the United States, detectives have much more recognition and more evidence at their disposal. Unlike France, they are recognized as useful by the courts and work closely with the judiciary and lawyers of which they are sometimes employed. On the other hand, in France, detectives are less accepted and their work is less recognized, the judiciary believes that the search for truth during a trial is the responsibility of the state and its judicial service.

A private investigator does not have a weapon and is not allowed to have one. Even if he did have an ancillary activity that would allow him to own it.

The detective may take photographs when taken in a public place, in a discreet manner to avoid a disturbance to public order or harm to others. In addition, the photographs taken cannot be published without the consent of the person. Photos are therefore allowed without consent but only if they are not disseminated.

A surveillance mission takes place by putting into action an officer on the ground who will go to the place where the latter will take place. He will then choose a position according to the state of the place and the circumstances in order to observe a defined place while being as discreet as possible. The agent will go invisible, he will not move and wait to see everything that happens in a day. The latter can then last several hours without movement, only by fixing the object of the mission.

The CNAPS was created in March 2012 following the enactment of the law on March 14, 2011.

The CNAPS has been headed since 27 August 2018 by Mr Cyrille MAILLET. This body is under the tutelage of the Ministry of the Interior.

The interest of the CNAPS is subject to several missions that it carries out. These are:

– the issuance of the authorisation to exercise, i.e. the accreditation as well as the issuance of the professional card,
– a consultancy mission,
– a check on the investigations carried out to find out if they are carried out in full compliance,
– the application of disciplinary sanctions (warning, reprimand, monetary fine, prohibition of practising)

The CNAPS tax is a tax that required professionals in private security activities to pay 0.4% of the tax-free amount from their service delivery to the CNAPS. But this tax has been repealed since January 1, 2020 by Law No. 2018-1317 of December 28, 2018.

In the event of a dispute with a private investigator, depending on the nature of the private investigator, the CNAPS can be seized to check and check the professional to see if he is carrying out his profession in accordance with the law and the rights imposed on him. But a court may also be referred if the dispute relates to an infringement and its liability can be brought.

In order to verify that a detective has a licence, it is necessary to first contact the CNAPS which is the very authority that provides the approvals.

There are various ways to contact the CNAPS, first a paper mail can be sent to the delegation concerning the professional, an email can also be sent. There is also a phone number set up but is regularly unavailable.

A detective can actually intervene abroad if his mandate requires him to do so. However, he is subject to respect for the rules and laws of the country in which he will visit.

Non-French/foreign nationals can quite complete a warrant contract with a French detective. It will simply have to be done according to the rules and have a French legal framework.

When a mailbox is downgraded, there are several options. First of all, if this degradation is done in a building, it is necessary to send a recommended letter with photos to the trustees of the property for the latter to contact the insurance of the building (the costs will not be your responsibility because the mailbox is part of the common spaces). The degradation can also be found by a bailiff or be the subject of a complaint against X (or the person in question if it is known). Insurance can also compensate when the mailbox is vandalized (the chances are minimal, check if there is a warranty extension). In the case, the repair costs are your responsibility.

A disturbance of the neighbourhood can be proven in different ways, by letters sent to the neighbour who is the author, by testimonies of the neighbourhood victim of this disorder, by a report carried out by the police (often by the municipal police) or by a bailiff’s statement who goes to the scene and sees the nuisances.

It is possible to place surveillance cameras in your home and around your home when they are on your private property, no permission is required. The cameras will then be used to have images of the scene and if there is an offence to use it as evidence.

When a person enters your home illegally and the home leaves traces, forced lock, vandalized window, … the findings can be made by various professionals such as a locksmith, a bailiff, a police or gendarmerie officer. Evidence can be brought by any means, also with neighbourhood testimony and/or through the supervision of a detective.

The Social Security number is unique to everyone, it is unique and corresponds to the national directory of identification of individuals. It allows identification with Social Security agencies and is an essential element for medical reimbursements, allowances, allowances and even the calculation of pensions.

A mystery purchase is a technique that allows to control the competence, the quality of the reception and the service in relation to the demands of the company. This action is carried out by an investigator who pretends to be a simple client. This practice of evaluating its employees is perfectly legal.

A CV check allows you to analyze a CV to see if all the diplomas, jobs, qualities, … have really been obtained or if they are the result of a false improvement to allow for a greater chance of being hired. This audit is requested by the employer in order to be certain of the qualities and skills of the potential future employee.

The employee is very protected by the Labour Code, so it is very difficult to follow an employee without falling into invasion of privacy. It is not really legal to follow him, but a bailiff’s statement resulting from a spinning (which will not be mentioned) can be admitted as evidence and be admissible in court.

A “crow” in a business is a person who will carry out many letters, emails or writings of any kind filled with threats, insults or denunciations without the knowledge of a person or the company itself. In order to unmask it, it will then be necessary to carry out an investigation of the different people of the company in order to find out who would be better off doing so. The employer can also have the handwritten document analyzed if the document is written for graphological analysis.

The theft of equipment can be proven by surveillance camera recordings, infiltration into a company by an ARP, disappearance of a large volume of equipment, testimonies or a bailiff’s report showing hidden equipment (e.g. brand new equipment in the garbage cans at the back of the store in order to be recovered later).

Infiltration into a business is perfectly legal. It protects the latter from fraudulent schemes that can be carried out by its employees with the aim of harming them in various ways.

The sirene directory includes information about a company. It contains its name, address, main activity, whether the company is active or closed, its legal status as well as these head-to-head.

The official bulletin of civil and commercial announcements, called BODACC, allows transparency of the economic and financial life of companies through the publication of deeds registered in the register of trade and companies. For example, the registration of a company, its sales and divestitures, account deposits, collective proceedings, delisting, establishment creation.

The information that can be found on these sites is the search and summary sheet of a company (denomination, head office, address, activity, …), the key figures of a company, the list of statutes and the acts of companies available (safeguard procedure, redress, judicial liquidation, …). It contains all the useful information of a company.