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FAQs
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Can I enter someone else's WhatsApp?Private detectives specialize in delving into each aspect of the facts or people investigated within the legal framework that regulates them. These professionals analyze in detail all types of information related to family, legal, economic, personal and business aspects. However, when it comes time to hire a private detective, clients often have questions about the scope of this type of investigation. Private detectives are accredited to investigate individuals and companies. The reports, photographs and recordings made by investigators can be used as evidence in judicial proceedings. The work of a private detective consists of collecting information that allows proving the facts related to certain situations, events or behaviors of the person being investigated, whether physical or legal. To achieve this, this professional carries out monitoring of the daily activities of the investigated person, always considering the information provided by the client. Monitoring and surveillance tasks are also legitimized by law as normal activities of private investigators. Surveillance in public spaces is included, including special events and exhibitions, conferences, fairs, hotels and restaurants. Current regulations enable private detectives to obtain and provide information about private events or conduct. Specifically, article 48 of Law 5/2014 on Private Security states that the detective can investigate crimes “that can only be prosecuted at the request of a party.” What does this mean? In essence, only the affected or aggrieved person can hire the private detective. Crimes prosecutable at the request of a party are usually associated with private and semi-public crimes. This occurs because private detectives cannot proceed in public crimes, unless requested by a competent authority. The Spanish Penal Code establishes that only the following are considered private crimes: slander and insults against individuals (both crimes regulated in Title XI of the Penal Code), and it is essential that a complaint or complaint be filed by the victim. Semi-public crimes are those in which, in order to be prosecuted by both the prosecutor's office and the victim, a complaint or complaint is required by the injured party. Some of these crimes are those committed against intellectual property, industrial property, the market and consumers, crimes against assault, harassment, sexual abuse or threats and coercion. Now, if semi-public crimes affect the general interest or the plurality of people, then they would become crimes prosecutable by these authorities. Taking the above into account, these are some of the most common cases that private detectives can investigate: Resume scams Violations of sick leave rules Economic solvency of suppliers and customers Gender violence Addictions (drugs or games) Youth violence cases Infidelities Location of delinquent persons Unfair competition Intellectual property crimes, industrial property and consumer crimes Social security fraud Claims and falsification of information in the insurance sector Authenticity of document signatures (public and private) Improper subleases Breach of contracts What crimes cannot a private detective investigate? Private detectives cannot investigate facts that cannot be prosecuted by their profession, that is, they will not be able to intervene in cases whose monitoring is the exclusive responsibility of the police and special security forces. As we mentioned above, this can only occur if determined by a competent authority, such as a judge. The private detective may not use technical or material means to violate the privacy or right to honor of people, including the right to protection of communications. If the investigator discovers facts or attitudes that constitute violations of the law, he or she may not act against the person being investigated. However, the private detective has the responsibility of reporting the evidence of the crime to the State forces, and may collaborate with the investigation as long as the interested party authorizes it. What can't a detective do when investigating a case? These are some of the cases or situations in which a private detective should not take action: Offer private investigation services without a license. KI INTELLIGENCE have the relevant accreditation. Investigate ex officio crimes. Accept research requested by people who do not have a legitimate interest in it. Remember that not everyone can investigate an acquaintance or third party without legitimate reasons (verifiable contractual, personal or legal relationships). Utilizar pruebas que no provengan de su investigación, como videos, grabaciones o fotografías aportadas por los clientes. Violate professional secrecy. This means that the client's story is part of their privacy, which prevents the researcher from revealing said information. Record conversations in which you do not participate. For the recordings to be admitted as evidence in judicial proceedings, the detective must participate in it. Photograph or record videos in intimate settings. Use hacking tools to violate the privacy of the communications of the investigated. Incite the person being investigated to act at the client's convenience or to collect “more interesting” data.
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How much does a detective cost?During recent years, there has been a growing increase in the hiring of private detectives and investigators in Spain. Among the main reasons of the contractors, the monitoring of possible infidelities and scams in the insurance sector stands out. The capital does not escape this reality, so on this occasion we will offer you a guide on the budget that you must have available when hiring private detectives in Madrid. How is the price of a detective in Madrid established? The first thing you should consider is that the price of a private detective in Madrid will depend on the type of investigation and the activities carried out during their work day. In addition, the value of the service is usually established per hour, and may include transportation costs if the person to be investigated is outside the city or is located at a distance greater than 20 kilometers. Generally, professionals require several continuous hours to successfully complete a day of research. Generally, the minimum working day is 4 hours. After this time, the detective will charge an additional hourly rate, and charges for nighttime or holiday hours may be included. Surveillance activities are the most common during these days, and include monitoring alleged sick leave fraud, computer fraud, simulation of accidents, divorces or observation of allegedly unfaithful couples. The approximate price per hour varies between €50 and €60. Once the minimum day has ended, the extra hour can cost up to €60. Reporting and other expenses: An element of great importance when establishing how much a private detective costs is that the investigator must appear before the judicial authorities to demonstrate the validity of his evidence. Although private detectives do not intervene in criminal crimes, in civil proceedings, the charges must be paid by the parties linked to the process. In many cases, reports submitted by private detectives are used as evidence during trials. Beyond the fact that these investigators do not act in judicial processes as experts, the Supreme Court establishes that the private detective is an important witness during any procedure. In cases where the detective is obliged to submit his reports to the authorities, an extra amount will be charged for said ratification. To determine the price of a private detective, the expenses derived from the investigation must also be included, including transportation costs during the work day, lodging and food. Additionally, you must take into account any costs associated with obtaining evidence from public records. Obviously, the detective must duly justify all expenses. What should you take into account when hiring a private detective in Madrid? Since 2004, the code of good practices of the Professional Association of Private Detectives of Spain (APDPE) recommends sending a quote to the client prior to starting the work. This way, you will be able to know the level of professionalism of the researcher and all the services that will be included in your particular case. As we mentioned previously, each case is different, so the budget will also vary depending on the services requested. This means that there is no exact value when hiring a private investigation service. For example, if you hire a detective to follow your partner during the divorce process, the evidence obtained must be ratified in a trial, and the detective will include the corresponding fee in the final estimate. This will not occur if the investigation does not include the presentation of judicial evidence. In short, these are some tips that you should keep in mind when hiring a private detective: Make sure the detective is a professional trained and authorized by the Ministry of the Interior. As? Requesting his TIP, a card issued by the General Directorate of the Police where his role as an investigator is recognized. Don't look for the cheapest service, but rather the one that inspires confidence. Although savings is an important issue, remember that the information that the detective will handle is confidential, so you must have complete confidence that you are dealing with a professional. Find experienced detectives. At KI INTELLIGENCE, we have professionals with extensive experience and also advanced technology to resolve your doubts. If you have a lawyer, involve him or her in planning the case alongside the detective. This way, you will have a piece in your favor in case of any judicial process. KI INTELLIGENCE professionals have more than 30 years of experience in the sector, so the price-benefit ratio we offer is one of the most competitive on the market. If you want information about our prices, you can contact us through our website or by calling +34 631 90 21 94.
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How to know if your partner is unfaithful to you?Discovering infidelity is not an easy task, but the vast majority of people choose to know the truth rather than live with doubts that affect their coexistence with their partners. To confirm suspicions, or simply catch a cheating partner in the act, people often turn to a private investigator and detective agency. These professionals will not only provide legitimate evidence of any infidelity, but will also use advanced security technology to detect any signs that your partner is hiding something, or from someone. Below, we show you some of the main signs that can help you identify possible infidelity on the part of your partner. When is there a situation of infidelity? Your partner always uses his cell phone If your partner has a job where it is difficult to ignore the phone, this is an understandable situation. Chatting with friends, seeing status updates on WhatsApp and Instagram, and even uploading photos daily to social networks is not something you should worry about. After all, that's what these platforms exist for. However, from the experience of our private detectives, we have found that people who hide who they communicate with tend to have a defensive attitude around the phone. In fact, one of the most common behaviors is to take the cell phone anywhere in the house, including the shower, with the excuse of listening to music during the bath. While privacy is a good we all deserve, what do you need to keep secret? Perhaps the greatest concern arises when your partner begins to make excuses to use the cell phone in private, always uses the device with his back turned to you, or goes into a state of alert and panic when you approach the cell phone. Sudden change in habits If you have lived with your partner long enough, it is logical that you know their routine and most of their habits. However, if you notice that he has changed many of his ways in recent weeks, it is normal for you to feel doubts. These doubts can increase if your partner becomes defensive when you ask about his unusual behavior. The change in habits can even be reflected in the way you dress, your haircut, and your sudden effort to look “too good.” If most of the time you go together to meetings with friends or other social events, but he suddenly asks you for time alone to go out with his friends without giving further explanations, you probably have suspicions. Too much time in the gym If your partner is not a person who likes to exercise, but spends too much time at the gym, there is a possibility that these outings are a cover for a situation that you want to hide. Having a healthy life is a highly popular practice nowadays, and going to the gym can be an ideal action to improve our physical appearance. However, in many cases, going to the gym is just an excuse to get out of the house and have a secret meeting with someone else. How to identify it? It's easy to tell when someone has been to the gym, because they come back sweaty and exhausted, or simply because they don't spend more than 2 hours in this place. Does your partner spend 3 to 4 hours at the gym? You may want to consider hiring a private detective. A lot of work all the time This is perhaps the most common sign that your partner is unfaithful to you, but focusing on work does not always represent a situation of cheating. Every day, thousands of people travel from city to country for work and business reasons. However, a long work trip can become the perfect excuse to spend the weekend with someone else. In many cases, unfaithful partners lead double lives, even with children just a few miles away from your home. Signs to consider are things like taking your favorite clothes, when what you should pack is the shirt or dress you normally wear to business meetings. Another telltale sign is when your partner insists on putting away his clothes himself or putting them directly in the washing machine when he returns. If this happens, it is likely hiding any signs that make you suspicious. When you are away from home, you lose communication easily If your partner is frequently busy and repeatedly makes excuses for not being available on the phone after a certain time, consider seeking help. After years of working with these types of cases, our detectives can safely say that this is the sign that should be taken most seriously. Some places may have poor signal reception or the cell phone battery may die, but if your partner frequently disappears for long periods of time and always has a reason for it, chances are he's doing something he wants to keep secret. Experience tells us that any of these signs, presented in isolation, can be due to thousands of different factors that do not necessarily represent infidelity. However, a combination of all of them could be a good indicator that something is wrong. Hiring the services of KI INTELLIGENCE will clear up your doubts. Contact us to request a quote without obligation.
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Is it legal for a private detective to follow me?One of the main doubts that clients have when hiring a private detective has to do with the legality of this profession. If this is your case, or you feel that you could be in the middle of an investigation and you want to know if it is legal for a detective to follow you, in this article we will answer all your questions. First of all, you should know that private detectives are professionals regulated by Law 5/2014 on Private Security. In article 5.3, this legislation establishes that detectives are the only professionals authorized to offer private investigation services exclusively with respect to people, situations or crimes that can only be prosecuted at the request of a party, that is, at the express request of the affected person. . On the other hand, private detectives have been academically trained to be the most prepared people for the job of private investigation. These professionals are authorized by the Supreme Court to investigate work, family, financial, economic, commercial situations and everything that does not fall within the framework of the criminal code, except for semi-public and private crimes. Can my boss hire me a private detective? As we mentioned previously, the Security Law authorizes detectives to investigate events related to the workplace, as long as they occur outside the home of the person being investigated or in reserved (private) places. This means that it is completely legal for your boss to hire a detective if he or she suspects that you are committing serious misconduct, such as revealing corporate secrets or defrauding the company in any way. The detective will be able to follow you as long as he does not invade your privacy or your home, that is, while you are in public places or those that are not reserved. Some examples of these places are: parks, law offices, restaurants, a hotel lobby, etc. In the case of restaurants, if you have reserved the place for a meeting or party, this makes it private, so the actions of a detective would not be legal there. Can a detective take photos of me? Yes, as long as the research work has been contracted by a natural or legal person with legitimate interest, and the photographs or video recordings are taken in public places. As we mentioned above, this is completely legal if the investigation is not carried out at your home or in reserved locations. The only way this can happen is for the detective to have authorization from a judge. If you are in a private setting, such as a bathroom, or inside a home, video recordings and photographs will be illegal. Any tool used for monitoring cannot violate your right to privacy, and the images captured by a detective's camera will be available only to him and the person who requested the investigation. This means that no one will have the right to use these images for their own benefit or to attack your integrity. Can my partner give me a detective? If your partner demonstrates that there is a legitimate interest in investigating you, they can do so without problems. When we talk about legitimate interest, we mean that the information resulting from the investigation directly affects your partner. Obviously, the detective must guarantee your right to privacy. An investigator will not be able to use digital tools to investigate your private WhatsApp conversations or your email. However, tracking public activity on the Internet, including your social media posts, is completely legal. If you suspect that your partner is cheating on you, you can request the help of a private detective. The researcher may take photographs or video of your partner while entering or leaving hotels or restaurants with another person, but will not be able to do so while they are at the hotel or if they have a private reservation at the restaurant. Can minors be investigated by a private detective? Parents or guardians can hire a private detective to investigate their children. Surprisingly, there are more and more private investigation requests from parents concerned about their children's changing behavior. By having parental authority, parents have the legal right to request a private investigation of their children. Can you record my conversation with another person while I'm on the street? Although these conversations can also occur in public spaces, not all people nearby can listen to them without violating the secrecy of the conversation. The only way to record a private conversation is for the recording to be made by one of the parties involved, regardless of whether the other person or the other participants are aware of it. This recording may be valid in court and may not be exposed publicly.
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Is it legal to hire a private detective?It doesn't matter if you are a natural or legal person, hiring a private detective is completely legal. The private detective profession is regulated, from the academic requirements necessary to obtain the title to the skills of this professional and under what conditions they can be hired. On this occasion, we tell you everything you need to know to feel confident when hiring a private detective, including the basic legal aspects and the types of investigation you can hire depending on the information you need. What type of investigations can a detective carry out? There are some aspects that you should take into account when hiring a private detective so that you avoid any legal inconvenience. Law 5/2014 on Private Security, in its article 48.1, establishes that these professionals must always act under contract with a third party. The private events that detectives can investigate may be linked to the following situations: Facts related to economic, financial, commercial, labor aspects and, in general, social, family or personal life. The only exception in this case will be events that occur at homes or private property. Obtaining information whose purpose is to guarantee the normal development of activities carried out in hotels, fairs, shows, conventions, public events in general, large commercial platforms or in any highly visited public venue. When it comes to a process of investigation and obtaining evidence related to crimes, the detective must always be hired by a legitimate person within the criminal process. When is it legal to hire a private detective? It will only be legal to hire a private detective if you consider that you have a legitimate interest in investigating another person. What does legitimate interest mean? Basically, you are interested in obtaining that information because it depends on whether your legal or legitimate rights are enforced. In simple words, it is “your business.” In the case of natural persons, detectives can help you in these types of investigations: Separations or divorces Couple infidelities Paternity tests Child custody Questionable behavior of minors If you are a legal entity or company, you can hire the services of a private detective for cases of: Sick leave fraud Unfair competition Professional intrusion Feigned insolvency Violation of Intellectual and Industrial Property Digital surveillance Cybersecurity Cyber Intelligence Security for events For example, if there is a contract between two parties and one of them wants to know if the other party has fulfilled the agreement, they can hire the services of a private detective. Another case would be the need of a parent to control the behavior of their minor child (teenager), or the need of an employer to know if their employees commit corporate fraud or lie about sick leave. What does not represent a legitimate interest? Well, it is not legal to hire a private detective if you want to know the personal information of your partner's lover to use it for violent purposes or threaten her integrity. Nor is it a legitimate interest to investigate your neighbors because you don't like them, or to obtain evidence that one of your partners is unfaithful to their partner in order to threaten and blackmail them. What are the limits of a private investigator or detective? The Private Security Law establishes some limits that any private detective must keep in mind before and after starting an investigation: Firstly, you will not be able to investigate people's private lives while they are inside their homes or in other places of private or reserved property. In this sense, the detective may not use technical tools or materials (audio recorders, cameras, etc.) that violate the right to individual or family privacy, or against data protection laws. During their investigation days, detectives will also not be able to use vehicles or means that make them look like members of the police or other special forces. Detective offices and agencies must respect all the rights of their clients and the people under investigation. Any investigative service must be provided respecting the principles of necessity, reasonableness, proportionality and suitability. Los detectives privados cuentan con el aval del Ministerio del Private detectives have the endorsement of the Ministry of the Interior to help you collect the information and evidence you need about any private situation that affects your family, personal or work life. In essence, these professionals contribute to public safety, prevent crimes and provide relevant information to clarify investigations. The work of a detective goes far beyond following a person and taking photographs. This is a comprehensive effort, which includes professional planning of an investigation to obtain accurate data or write reports in an impartial manner. At detectives KI, we offer professional quality in private investigation for families, companies, individuals, insurance companies, law firms and mutual insurance companies. Contact us and request a quote. Tell us your case and we will carry out the study for free. +34 631 90 21 94.
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Can I enter someone else's WhatsApp?Over the last decade, the use of smartphones has increased overwhelmingly around the world, and has radically changed our concept of communication. Today, with the use of the Internet, mobile phones have ceased to be simple devices for sending text messages and making calls, and have become the center of many of our daily activities. Websites, social networks, email, etc. Now, our life is stored on a mobile device. As exaggerated as it may seem, our cell phones have so much data about our private lives that it is not surprising that this information is often coveted by people close to us. Yes, we are talking about couples. Nowadays, it is enough to know the password to your partner's cell phone to know practically everything about his or her life. It is increasingly common to hire private detectives to verify if someone has installed spyware on a mobile phone. The people who carry out these espionage tasks are not aware that they are committing a serious crime, because entering another person's WhatsApp is completely illegal and is punishable by the Penal Code of the Spanish State. Entering someone else's WhatsApp can put you in prison It is very common for someone to spy on their partner's WhatsApp messages when they are careless. The reason? Confirm suspicions of possible infidelity or other type of deception. But before thinking about entering someone's WhatsApp, anyone should know that this intrusion constitutes a crime according to article 197 of the Penal Code. The rule states that the punishment can be 1 to 4 years in prison, along with a fine of 12 to 24 months. When it comes to spying on your partner's WhatsApp, the law states that the penalty will be imposed on the upper half. If, in addition to spying on someone's WhatsApp, this information is disseminated or transferred to third parties, the punishment can be up to 5 years in prison. Likewise, if the person receiving the information has knowledge that it was obtained illicitly, they can also serve 2 to 5 years in prison regardless of whether they participated in the improper access or not. One of the best-known strategies to enter a person's WhatsApp is to search Google for how to do it. However, most of the time, the sites that offer this type of spying services contain malicious software of which the user who wants to spy ends up being a victim. Obviously, there are ways to spy on another person's cell phone, but the techniques are highly complex and inaccessible to most. If you suspect that your partner is unfaithful to you, or that you are being a victim of some type of scam or fraud, the best way to do so is through a private detective. At KI INTELLIGENCE, we have a team of private detectives with more than 30 years of experience in the sector, ready to help you at all times and advise you regarding legal avenues to clear up your doubts. Spying on someone else's phone is simply a mistake. Is it possible to know if I have a spy application on my mobile? Relationships go through times when there are greater risks of espionage or improper access to mobile phones. Many times, romantic breakups result in certain inappropriate behaviors, such as disclosing the other person's personal information without their authorization. If you notice that your ex-partner has data about your private life that you have never shared with her, it is likely that you are being a victim of spying on your mobile. Another situation that can raise suspicions about possible espionage has to do with the fact that your friends or your partner know who you have spoken to on WhatsApp, or who your contacts are. Although there are tools to detect spyware, most of the methods published on the Internet are not reliable. As we mentioned previously, it is advisable to hire the services of a private detective agency. At Detectives KI, we have a quality team, with knowledge of computer forensics, who can carry out an exhaustive expert opinion and analyze your mobile phone to detect any intrusive program that may violate your fundamental rights, such as the confidentiality of communications and the right to privacy. privacy. +34 631 90 21 94.
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Can a worker who is suspected of false sick leave be investigated?A feigned sick leave is one in which the worker fakes the accident or illness that caused the sick leave, either to avoid attending work, or because he wants to carry out another activity and still collect his salary. In any case, the worker would be committing a serious offense. Although the majority of sick leave is usually justified, work disability fraud in companies is a current reality. Proof of this is that more and more companies are using the services of a private detective to corroborate concerns about alleged fake casualties. A worker on sick leave costs money, and even more so if the situation extends for several weeks. But is it completely legal to investigate a worker who is suspected of false sick leave? The simple answer is yes. However, the right to privacy of the investigated person and their dignity must be respected, so there are certain limits. Can a detective investigate a false sick leave? Faking sick leave due to temporary work incapacity represents serious misconduct on the part of the employee, since it directly violates contractual good faith. In addition to the obvious economic problems that this lack generates, the organization of the company may be affected. In fact, the co-workers of the person who fakes sick leave may also suffer the consequences, as they sometimes have to assume their work responsibilities and become overloaded with work. This also harms the work environment. If we take into account the importance of keeping workers motivated and recognizing their efforts, can a company allow a worker to be at home for no reason and receiving almost the same salary as those who are working? Is it fair to fake sick leave to go on vacation while your co-workers take on your workload? In both cases, the answer is more than obvious. For this reason, companies have the legitimate right to investigate fake sick leave. Current legislation in Spain allows these organizations to hire private detective services to corroborate possible fake casualties. This is one of the most popular services in the private investigation sector, since the practical usefulness of the evidence provided by detectives is more than proven. What should the investigation of a false sick leave be like? The work of the private detective regarding false discharges must focus on obtaining useful information and convincing evidence that allows the company to verify that, in fact, a worker suffers from an ailment or pathology that does not allow him to fulfill his job responsibilities. First of all, the private detective must analyze what activities the alleged offender carries out within the company. In this way, you will be able to subject the worker to continuous observation to reveal their daily routine and understand whether or not the activities agree with the medical situation notified to the company. In addition, it will also investigate the relationship that the worker has with the doctor, that is, whether they are friends or family. It is likely that the detective will investigate the employee's social networks to verify if he updates his status or publishes an image that reveals information about the false discharge. The most common evidence to prove a false discharge is usually photographs or video recordings of the worker in public places. In this sense, the worker's behavior will define whether or not he is faking the reported illness. It is important to clarify that the evidence collected by the detectives and the investigation itself are legitimized by the Supreme Court and the Private Security Law. However, these tests are limited by the worker's fundamental right to privacy, as well as their right to dignity. If the case goes to court, the judge will have the final say on whether or not the photographs and recordings are admitted as evidence. At the trial, the private detective's report will be considered as testimony to evaluate the dismissal of the investigated person. In general, the sanctions for workers who incur false sick leave can range from suspension of work activity and salary for 60 days, to dismissal of the employee without the right to compensation. Furthermore, if the private detective report shows that the worker carries out paid activities that involve a similar or greater effort than that made in the company, the probability that the company will dismiss him or her for fake sick leave is much greater. Does your company need a private detective to investigate a fake job scam? The KI team of private detectives has the experience and professionalism necessary to help you clear up doubts about one or more of your employees. +34 631 90 21 94.
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Can a private detective testify in a trial?During recent years, the evolution of the work of private detectives has been of great importance in Spain. Previously, the detective was limited to investigations into family issues. However, today, these professionals represent a valuable resource for obtaining relevant information on financial fraud, labor scams, urban crimes and money laundering, among other topics. All this has translated into better academic training for detectives in Spain, even far superior to that of their counterparts in the rest of Europe. Along with the rapid evolution of society, private detectives have evolved in the same way to anticipate the changes that are to come. The new mechanisms for committing crimes are positioning private detectives as true experts in the collection, management and dissemination of crucial information for trials. A private detective can not only testify in a trial, but his reports can also serve as evidence in Spanish courts of law. The private detective as a privileged witness The Supreme Court affirms that the private detective can be considered a privileged witness in a judicial process. Due to his professional work duly regulated by the Ministry of the Interior and the Private Security Law, the detective represents an exclusive means of proof. Because? Because his testimony, or the data collected in his report, are supported by information heard, observed and verified by him. In short, the private detective is not a witness subject to presumption of truth, because in addition to testimony, he offers evidence. In many cases, any photograph or video taken by the detective is more valid than any expert or witness present in court. The true value of the detective in any trial is based precisely on this: he does not need his word to be validated, but rather to provide evidence that dismantles any presumption. Regarding interrogations during the trial, article 380.1 of the Civil Procedure Law establishes that the questions asked of the private detective can only be formulated based on the facts reported in his investigation report. This means that, while other witnesses may be asked about events before or after the situation at trial to cast doubt on their credibility or impartiality, the private detective may appeal to his status as a privileged witness. How valid is a private detective's investigation? One of the most common questions from people who want to hire a private detective has to do with the validity of the investigation reports of these professionals. It is normal that popular culture has created false ideas about this profession and whether there is legal validity for the work of a private investigator. In any case, you should know that private detectives are regulated by a specific legal framework, while the practice of this profession can only be achieved after obtaining a three-year academic training that qualifies them to be the best in terms of investigation. In addition, private detectives must meet a series of conditions to carry out their work legitimately. Firstly, the Civil Procedure Law 1/2000 of January 7, recognizes in article 265 the private detective's report as a “specific and distinct form of testimonial evidence” in a trial, while in its article 380.2, it also recognizes the expert report containing observations and conclusions based on scientific, practical data and artistic or technical knowledge. What limits does the private detective have in a trial? For a private detective's investigation to be valid, this professional must respect its legal limits, and this is based on protecting the fundamental rights of his clients and the people being investigated. Any information obtained to the detriment of the right to free communication or privacy will not have any validity in a trial. What does “intimacy” mean? That you are investigated inside your home or in reserved places. What type of information is presented in the private detective's report? The report is the document where the detective tells everything he observed or heard during his investigation. In essence, it is a sequential narration of all his actions, and can be accompanied by a summary of the most relevant observations to clarify the case. However, this report should not be confused as documentary evidence. It is rather a written testimony, since the detective is a crucial witness of the facts, which are ratified at trial through the report. KI INTELLIGENCE detectives comply with all legal requirements so that each report, evidence or testimony is valid in a trial. The investigations of our professionals will not only clear your doubts, but will also prove all the facts in the respective judicial court.
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Can the investigation be carried out for any crime against any individual?The possible illegality of any of the monitoring activities carried out by a private detective is one of the main doubts of people who wish to hire this service. A private detective is in charge of investigating specific aspects of the lives of third parties and offers his client the relevant information collected in his investigation. But does this apply to any crime and any person? On this occasion, we tell you. Can the private detective investigate any crime? The Private Security Law 5/2014 establishes that private detectives can only initiate an investigation for crimes that can be prosecuted at the request of a party, that is, private acts (insults and slander). This means that detectives can be hired by aggrieved people who have a contractual, employment or family relationship with the subject under investigation. The legislation states that private detectives cannot investigate “crimes prosecutable ex officio.” These crimes are those that are in the hands of the authorities and that do not accept conciliation between the perpetrator and the victim, such as kidnapping. If the detective witnesses any crime of this nature, he must immediately report it to the competent authority and hand over all the information obtained up to the time of the crime. Although the detective is the only professional authorized by the Ministry of the Interior to investigate private events, you can only hire him if this fact directly affects your personal, work or family life. However, private detectives can also investigate private or semi-public crimes, including market and consumer fraud, corporate crimes, sexual harassment and abuse, crimes of disclosure of secrets or discovery, violations of intellectual and industrial property, among others. It is important to clarify that those public and semi-public crimes that are in the hands of the State Security Forces and Bodies and the Ministry of the Interior (crimes prosecutable ex officio), cannot be investigated by a detective. Can any individual be investigated? Although any natural or legal person can hire a private detective, any person cannot be the subject of an investigation. For a person to be investigated, the concept of legitimacy must exist, reflected in Law 5/2014 on Private Security. The legislation mentions that private detectives must state in the hiring file that the person requesting the investigation has the right to receive and have information about the person being investigated. And, how is it determined that someone has the right to investigate another person? As we mentioned previously, there must be a relationship between the client and the subject investigated. This may occur when there is a judicial process between both parties, or because there is a need to make claims or complaints. If you want to hire a private detective service, you will most likely have to prove your relationship with the person being investigated, either through an employment contract, marriage certificate, family books, etc. However, it is likely that there is no document to prove it, as is the case with couples who have not yet declared their relationship in any registry, or relationships between two parties who have lent each other money without signing contracts. In these cases, the private detective will request certain types of information from the client to demonstrate that, in fact, he or she knows the person who will be the subject of the investigation. Obviously, there are clients who may try to deceive the private detective with this type of information, as is the case with any other professional service. However, the researcher must follow a meticulous protocol before accepting any case, so that the final report has the expected value and the rights of the investigated are not violated. At KI INTELLIGENCE we only work with legitimate cases. The natural or legal persons who are the subject of our investigations maintain a current or future relationship with the client. In this way, we guarantee well-informed decision-making and, if necessary, our reports serve as evidence in judicial proceedings. We faithfully adhere to the discretion and confidentiality of every data our clients provide us, regardless of whether the investigation takes place or not. What type of clients hire a private detective? Those natural or legal persons who need to know a fact or demonstrate something about the person under investigation with whom they have a legitimate link. Private detective agencies work for individuals, companies, mutual societies and lawyers, among other clients. For example, mutual insurance companies usually hire a private detective to solve various types of fraud, including fake discharges. For their part, companies seek to clarify scams involving partners, suppliers, managers, worker fraud, or other individuals that affect the company's objectives. In organizations, theft of confidential information and customer portfolios is common to encourage unfair competition. Companies also request private detective services to investigate alleged fraudulent cancellations. The private detective is an excellent ally for lawyers, who use investigative services to more clearly address cases of divorce, custody, inheritance, guardianship of minors, family violence, etc.In addition, individuals can also go to a private detective to investigate possible infidelities on the part of their partners, problems with alcoholism, gambling, and drug use, among other personal problems. +34 631 90 21 94.
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