Private Investigator Regulations and Practices in Spain
Private Investigator Regulations in Spain
A Private Detective is a legally qualified person who performs classified research for natural or legal persons with a legitimate interest. Only individuals can be private detectives. Care must be taken to meet the requirements (TIP). It is compulsory to attend approved schools. The first ministerial decree of 1951 did not mark the origin of private detectives; although the profession was not yet regulated, it did set some limits and controls on existing professionals. The only requirement was to have no criminal record. The Ministerial Order (OM) of 1972 created a new legal framework for the profession and established academic requirements: a Bachelor’s degree or a superior fitness certificate. The OM of 1981 specified the degree or diploma. In 1992, the Private Security Law (LSP) first appeared, granting professional status and exclusivity to the profession. It allows for providing information in private areas, investigating crimes at the request of a party, and conducting surveillance at fairs, hotels, etc. The Royal Decree of 1994 regulates Private Security. The OM of 1995 details the requirements for training centers. The OM of 1996 covers detective assistants and established a test to become a detective.
Administrative Organization of a Detective
Following the first interview, a service order is created, documenting all collected data: hobbies, residences, vehicles, frequented locations, and suitable days for surveillance. The service contract is a formal authorization containing important data: investigation order number, details of the requesting party, details of the investigated person, the reason for the investigation, the estimated budget, and the proposed actions. The file, kept in a strong, manila envelope (approximately 26×36 cm), contains the docket number, client name, and the start and end dates of the investigation. It holds all case-related materials: papers, photos, progress reports, etc. The Record Book of Records is an official book detailing research. The first page includes the file number, start and end dates, the reason for and type of service requested, and the requesting client’s name. The second sheet contains the name and address of the investigated person and any possible ex officio prosecutable crimes. Progress Reports are documents in which the detective records the results of any actions taken. The final report is the ultimate result of the research. A copy is made for the client and another for the record.
The Investigative Report
The report is the compilation of all gathered information. Value judgments should not be made. The report must always reflect the truth and not be adapted to suit the client. If possible, documentary evidence should be submitted. Parts of the report include: personal data, family history, employment history, lifestyle, financial viability, and documentary evidence. It should answer the basic questions: who, when, where, how, and why. Conditions for a good report include:
- Accuracy and precision in the statement of facts, strictly adhering to the data.
- Veracity, ensuring data is verified.
- Providing a basis for further testimony.
- Employing only authorized personnel.
- Avoiding ambiguity.
- Eliminating superficial information.
Value of information: Reports can be requested for two purposes: mere information or as evidence provided by counsel in defense of their client’s rights. They carry as much validity and strength as counsel intends to give them.
Professional Association (Colegio Profesional)
The Professional Association was created on March 24, 1999, following the LSP, which established professional status, required qualifications, and recognized the need for citizen protection. The Association’s mission is to safeguard the interests of citizens seeking a detective’s services and to advance the rights of the professional group. Its functions include: ordering the occupation within its area of competence, caring for and defending the freedom of the collective, collaborating with the government, representing the interests of the profession in Catalonia, and observing and enforcing association laws. It also suppresses intrusion and exercises disciplinary action. Classes of members include practicing members, non-practicing members, and honorary members. The first group’s vote is worth twice that of the second. Members’ rights include: electing and being elected, attending and voting at general meetings, and being supported by the association in defense of legitimate interests. Duties include: reporting intruders to the association, communicating address changes, maintaining professional secrecy, and adhering to the ethical code.