What kind of investigations can a private detective do?

Private detectives are specialised in investigating every aspect of the events or persons under investigation within the legal framework that regulates them.

These professionals analyse in detail all kinds of information related to family, legal, economic, personal and business aspects. However, when the time comes to hire a private detective, clients often have doubts about the scope of this type of investigation.

Private detectives are accredited to investigate individuals and companies.

Reports, photographs and recordings made by investigators can be used as evidence in court.

How far does the work of a private detective go?
The work of a private detective consists of gathering information to prove the facts related to certain situations, facts or behaviour of the person under investigation, whether natural or legal.

In order to achieve this, this professional monitors the daily activities of the person under investigation, always taking into account the information provided by the client.

Monitoring and surveillance are also legitimised by law as normal activities of private investigators. This includes surveillance in public spaces, including special events and exhibitions, congresses, fairs, hotels and restaurants.

The current regulations authorise private detectives to obtain and provide information about private facts or conduct. Specifically, Article 48 of Law 5/2014 on Private Security, states that the detective can investigate crimes "only prosecutable at the request of a party".

What does this mean? In essence, only the aggrieved or aggrieved person can hire the private detective.

Prosecutable offences are often associated with private and semi-public offences. This is because private detectives cannot prosecute public offences, unless requested by a competent authority.

The Spanish Penal Code establishes that only the following are considered private offences: slander and libel against private individuals (both offences regulated in Title XI of the Penal Code), and it is essential that a complaint or lawsuit is filed by the victim.

Semi-public crimes are those in which, in order to be prosecuted by both the public prosecutor's office and the victim, a complaint or accusation by the aggrieved party is required. Some of these crimes are those committed against intellectual property, industrial property, the market and consumers, crimes against aggression, harassment, sexual abuse or threats and coercion.

However, if semi-public offences affect the general interest or the plurality of persons, then they would become prosecutable offences by these authorities.

With the above in mind, these are some of the most common cases that private detectives can investigate:

  • Curriculum vitae fraud
  • Violations of sick leave regulations
  • Economic solvency of suppliers and customers
  • Gender-based violence
  • Addictions (drug or gambling)
  • Cases of youth violence
  • Infidelities
  • Locating delinquent persons
  • Unfair competition
  • Intellectual property, industrial property and consumer offences
  • Social security fraud
  • Claims and falsification of information in the insurance sector
  • Authenticity of document signatures (public and private)
  • Undue subleases
  • Breach of contract

What crimes cannot be investigated by a private detective?
Private detectives cannot investigate facts that are not prosecutable by their profession, i.e. they cannot intervene in cases whose follow-up is the exclusive responsibility of the police and special security forces. As mentioned above, this can only happen if it is determined by a competent authority, such as a judge.

Private investigators may also not use technical or material means to violate the privacy or the right to honour of individuals, including the right to the protection of communications.

If the investigator discovers facts or attitudes that constitute a breach of the law, he/she may not act against the person under investigation. However, the private detective has the responsibility to report the evidence of the crime to the state forces, and may collaborate with the investigation if the person concerned gives his or her consent.

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:

1. Offering private investigation services without a licence. RSI's private investigators have the relevant accreditation.

2. Investigating crimes ex officio.

3. Accept investigations requested by persons who do not have a legitimate interest in the investigation. Remember that not everyone can investigate an acquaintance or third party without legitimate reasons (verifiable contractual, personal or legal relationships).

4. Using evidence that does not come from your investigation, such as videos, recordings or photographs provided by clients.

5. Breach of professional secrecy. This means that the client's account is part of the client's privacy, which prevents the investigator from disclosing this information.

6. Recording conversations in which you do not participate. For recordings to be admissible as evidence in court, the detective must participate in the recording.

7. Photographing or videotaping in intimate settings.

8. Using hacking tools to violate the privacy of the investigated person's communications.

9. Inciting the person under investigation to act at the client's convenience or to collect "more interesting" data.

How much does a detective in Madrid cost?

Over the last few years, there has been a growing increase in the recruitment of private detectives and private investigators in Spain.

Among the main motives of the contracting parties are the monitoring of possible infidelity and insurance scams.

The capital does not escape from this reality, so on this occasion we will offer you a guide to the budget you should have available when hiring private detectives in Madrid.

How is the price of a detective in Madrid established?

The first thing to 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 working day.

In addition, the value of the service is usually established by the hour, and may include transport costs if the person to be investigated is outside the city or is located at a distance of more than 20 kilometres. From an economic point of view, it is much more favourable for clients to locate someone who is in Madrid.

Practitioners usually require several continuous hours to complete a day's research successfully. Generally, the minimum working day is 4 hours. After this time, the detective will charge an additional hourly rate, and may include charges for night hours or holidays.

Surveillance activities are the most common during these days, and include the monitoring of alleged sick leave fraud, computer fraud, claims simulation, divorces or the observation of allegedly unfaithful partners.

The approximate hourly rate varies between €50 and €60. Once the minimum working day is over, the extra hour can cost up to €60.

Reporting and other expenditure

A very important element in establishing how much a private detective costs is that the investigator must appear before the judicial authorities to prove the validity of his or her evidence. Although private investigators do not intervene in criminal offences, in civil proceedings, the charges must be paid by the parties involved in the proceedings.

In many cases, reports submitted by private detectives are used as evidence during trials.

Apart from the fact that these investigators do not act in court proceedings as expert witnesses, the Supreme Court establishes that the private detective is an important witness in any proceedings. In cases where the detective is obliged to submit his reports to the authorities, an extra fee will be charged for such ratification.

In determining the price of a private detective, you should also include the costs associated with the investigation, including the cost of travel during the working day, accommodation and food. In addition, you should take into account any costs associated with obtaining evidence from public records.

Of course, the detective will have to duly justify all expenses.

What should you take into account when hiring a private detective in Madrid?

Since 2004, the code of good practice of the Spanish Professional Association of Private Detectives (APDPE) recommends sending an estimate to the client prior to the start of the work.

In this way, you will be able to know the level of professionalism of the investigator and all the services that will be included in your particular case.

As mentioned above, 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 through the divorce proceedings, the evidence obtained will have to be ratified in court, and the detective will include the corresponding fee in the final budget. This will not be the case if the investigation does not include the presentation of evidence in court.

In short, here are some tips to keep in mind when hiring a private detective:

  • Make sure that the detective is a trained professional authorised by the Ministry of the Interior. How? By requesting their TIP, a card issued by the General Directorate of the Police that recognises their role as an investigator.
  • Don't look for the cheapest service, but the one you trust.

Although saving money is an important issue, remember that the information the detective will handle is confidential, so you should be confident that he or she is a professional.

  • Find experienced detectives. At RSI detectives, we have professionals with extensive experience and advanced technology to solve your doubts.
  • If you have a lawyer, involve him or her in the planning of the case together with the detective. This way, you will have a piece in your favour in case of any legal proceedings.

The professionals at RSI Detectives have more than 30 years of experience in the sector, which is why the price-benefit ratio we offer is one of the most competitive in the market.

If you would like information about our prices, you can contact us through our website or by calling 631 90 21 94.

How do you know if your partner is unfaithful?

Discovering an infidelity is no 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 to catch a cheating partner in the act, people often turn to an agency of private investigators and private detectives.

These professionals will not only provide legitimate proof of any infidelity, but will also use advanced security technology to detect any signs that your partner is hiding something, or someone.

Here are some of the main signs that can help you identify possible infidelity in your partner.

When is there a situation of infidelity?

Your partner is always using his or her mobile phone
If your partner has a job where it's hard to ignore their mobile phone, this is an understandable situation. Chatting with friends, seeing status updates on WhatsApp and Instagram, and even uploading photos to social media on a daily basis is nothing to 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 are communicating with tend to have a defensive attitude around the telephone.

In fact, one of the most common behaviours is to take your mobile phone anywhere in the house, including the shower, with the excuse of listening to music while bathing. While privacy is a good we all deserve, what do you need to keep secret?

Perhaps the biggest concern is when your partner starts making excuses to use the phone in private, always uses the device with his or her back to you, or becomes alert and panicky when you go near the phone.

Sudden change of habits
If you have lived with your partner long enough, it is consistent that you know his or her routine and most of his or her habits.

However, if you notice that he has changed many of his behavioural patterns in the last few weeks, it is normal for you to have doubts. These doubts may increase if your partner becomes defensive when you ask him about his unusual behaviour.

The change in their habits may even be reflected in the way they dress, their haircut and their sudden effort to look "too good".

If most of the time you go to get-togethers with friends or other social events together, but he suddenly asks for time alone to go out with his friends without giving any further explanation, you are probably suspicious.

Too much time at the gym
If your partner is not a person who likes to exercise, but spends too much time at the gym, there is a chance that these outings are a cover for a situation he or she wants to hide.

Living a healthy lifestyle 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 rendezvous 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 spend no more than 2 hours in the gym. Does your partner spend 3 to 4 hours in the gym? Maybe you should consider hiring a private detective.

Too much work all the time
This is perhaps the most common sign that your partner is unfaithful, but a focus on work does not always represent a cheating situation.

Every day, thousands of people travel from city to city or country for work and business reasons. However, a long business trip can become the perfect excuse to spend the weekend with someone else. In many cases, unfaithful partners lead a double life, even with children just a few kilometres away from home.

Signs to consider are things like taking your favourite clothes, when what you should be packing is the shirt or dress you normally wear to business meetings.

Another telltale sign is when your partner insists on putting his clothes away himself or putting them straight into the washing machine when he returns. If this happens, he is probably hiding any signs that make you suspicious.

When he or she is away from home, you lose communication easily.
If your partner is often busy and repeatedly makes excuses for not being available on the phone after a certain period of time, consider seeking help. After years of working with these types of cases, our detectives can say with confidence that this is the sign that should be taken most seriously.

Some places may have poor signal reception or the mobile phone battery may run out, but if your partner frequently disappears for long periods of time and always has a reason for it, he or she is probably doing something that he or she wants to keep secret.

Experience tells us that any one of these signs, presented in isolation, can be due to a thousand 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 RSI detectives will help you to find out. Contact us for a no obligation quote.

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 you could be in the middle of an investigation and want to know if it is legal for a detective to follow you, this article will answer all your questions.

Firstly, 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 authorised to offer private investigation services exclusively with regard to persons, situations or crimes that can only be prosecuted at the request of a party, i.e. at the express request of the person concerned.

On the other hand, private detectives have been academically trained to be the best prepared people for the profession of private investigation.

These professionals are authorised by the Supreme Court to investigate labour, family, financial, economic and commercial situations and anything that does not fall within the framework of the criminal code, except semi-public and private offences.

Can my boss send me a private detective?
As mentioned above, the Security Law authorises detectives to investigate work-related events, 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 put a detective on you if he or she suspects you of serious misconduct, such as revealing corporate secrets or defrauding the company in any way.

The detective may follow you as long as he/she does not invade your privacy or your home, i.e. while you are in public or non-reserved places.

Some examples of such places are: parks, law firms, restaurants, hotel halls, etc. In the case of restaurants, if you have booked the place for a meeting or party, this makes it private, so it would not be legal for a detective to act there.

Can a detective take photos of me?
Yes, as long as the investigative work has been contracted by a natural or legal person with a legitimate interest, and the photographs or video recordings are taken in public places.

As mentioned above, this is completely legal if the investigation is not carried out in your home or in private places. The only way this can happen is if the detective has authorisation from a judge.

If you are in a private environment, such as a bathroom, or are inside a home, video recordings and photographs are illegal. Any tools used for monitoring cannot infringe on your right to privacy, and the images captured by a detective's camera will be available only to the detective 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 infringe on your integrity.

Can my partner put a detective on me?
If your partner demonstrates that there is a legitimate interest in investigating you, he or she can do so without any problems.

When we talk about legitimate interest, we mean that the information resulting from the investigation directly affects your partner. Of course, the detective must guarantee your right to privacy.

An investigator may not use digital tools to investigate your private WhatsApp conversations or your email. However, tracking public internet activity, including your social media posts, is entirely legal.

If you suspect that your partner is cheating, you can enlist the help of a private investigator. The investigator will be able to take photographs or video of your partner while they are entering or leaving hotels or restaurants with someone else, but not while they are in 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 requests for private research from parents concerned about their children's changing behaviour.

With parental rights, parents have the legal right to request a private investigation of their children.

Can you record my conversation with another person while I am in the street?
While video recordings of a detective can be made while anything happens in public places, i.e. in front of the eyes of passers-by, this is not the case for audio recordings.

Although these conversations can also take place in public spaces, not everyone in the vicinity can overhear them without breaching the secrecy of the conversation.

The only way to record a private conversation is if the recording is 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 a court of law and may not be publicly exposed.

Is it legal to hire a private detective?

Whether you are an individual or a legal entity, hiring a private detective is completely legal.

The private detective profession is regulated, from the academic requirements necessary to obtain the title to the competences of this professional and the conditions under which he/she can be hired.

This time, we tell you everything you need to know to feel confident about hiring a private detective, including the basic legal aspects and the types of investigation you can hire depending on the information you need.

What kind 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 can avoid any legal problems.

Article 48.1 of Law 5/2014 on Private Security establishes that these professionals must always act under contract with a third party.

The private facts that detectives can investigate can be linked to the following situations:

  • Events related to economic, financial, commercial, labour and, in general, to social, family or personal life. The only exception in this case will be events occurring in private homes or property.
  • The collection of information aimed at ensuring the normal development of activities taking place in hotels, fairs, shows, conventions, public events in general, large commercial platforms or in any highly frequented public premises.
  • When it comes to the process of investigating and obtaining evidence relating to crimes, the detective must always be hired by a person who has standing in the criminal proceedings.


When is it legal to hire a private detective?
It is only 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, that you are interested in obtaining that information because your legal or legitimate rights depend on it. Simply put, it is "your business".

In the case of individuals, detectives can help you in this type of investigation:

  • Separations or divorces
  • Partner infidelities
  • Paternity tests
  • Child custody
  • Dubious behaviour of minors


If you are a legal entity, or a company, you can use the services of a private detective for cases of:

  • Sick leave fraud
  • Unfair competition
  • Professional intrusiveness
  • Sham insolvency
  • Intellectual and Industrial Property Infringement
  • Digital surveillance
  • Cyber Risk
  • Cyberintelligence
  • Event security


For example, if there is a contract between two parties and one of them wants to know whether the other party has complied with the agreement, he or she can enlist the services of a private detective.

Another case would be a parent's need to monitor the behaviour of their underage (teenage) child, or an employer's need to know whether their employees are committing corporate fraud or lying 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 in order to use it for violent purposes or to attack his or her integrity.

Nor is it a legitimate interest to investigate your neighbours because you don't like them, or to obtain evidence that one of your partners is unfaithful with his or her partner in order to threaten and blackmail him or her.

What are the limits of a private investigator or private detective?
The Private Security Law establishes some limits that any private investigator or private detective must be aware of before and after starting an investigation:

  • Firstly, it may not investigate the privacy of individuals while they are in their homes or other private or reserved property.


In this sense, the detective may also not use technical tools or materials (audio recorders, cameras, etc.) that violate the right to individual or family privacy or data protection laws.

  • Detectives may also not use vehicles or means that make them look like members of the police or other special forces during their days of investigation.
  • Detective firms and agencies must respect all the rights of their clients and of the persons under investigation.
  • Any research service must be provided in accordance with the principles of necessity, reasonableness, proportionality and appropriateness.


Private detectives have the endorsement of the Ministry of the Interior to help you gather 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. It is an integral part of the job, including the professional planning of an investigation to obtain accurate data or to write reports in an unbiased manner.

At RSI detectives, we offer professional quality in private investigation for families, companies, individuals, insurance companies, law firms and mutual insurance companies.

Contact us and ask for a quote. Tell us about your case and we will carry out the study free of charge.

Can I access 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 are no longer simply devices for sending text messages and making calls, but have become the centre 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 mobile 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 of your partner's mobile phone to know practically everything about his or her life.

Private detectives are increasingly being hired to check whether someone has installed spyware on a mobile phone.

The people who carry out this espionage work are not aware that they are committing a serious crime, since entering another person's WhatsApp is completely illegal and is punishable under the Spanish Penal Code.

Hacking into someone else's WhatsApp can land you in prison

It is very common for someone to spy on their partner's WhatsApp messages when they are careless. The reason? To confirm suspicions of possible infidelity or other types of cheating.

But before anyone thinks of breaking into someone's WhatsApp, they should know that such intrusion is an offence under Article 197 of the Penal Code.

The law states that the punishment can be 1 to 4 years imprisonment, 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 in the upper half.

If in addition to spying on someone's WhatsApp, this information is disseminated or passed on to third parties, the punishment can be up to 5 years' imprisonment. Likewise, if the person receiving the information has knowledge that it was obtained unlawfully, he or she can also serve 2 to 5 years in prison regardless of whether or not he or she participated in the improper access.

One of the best-known strategies for hacking into someone's WhatsApp is to Google how to do it. However, most of the time, the sites that offer this type of spying service contain malicious software that the user who wants to spy on WhatsApp ends up being the victim.

Of course, there are ways to spy on someone else's mobile phone, but the techniques are highly complex and inaccessible to most people.

If you suspect that your partner is unfaithful, or that you are the victim of some kind of scam or fraud, the best way to do this is through a private detective.

At RSI Detectives, 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 on the legal ways to clear 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 phone?

Relationships go through times when there are more risks of spying or improper access to the mobile phone. Break-ups often result in some inappropriate behaviour, such as disclosing personal information about the other person without their permission. If you notice that your ex-partner has information about your private life that you have never shared with them, it is likely that you are a victim of spying on your mobile phone.

Another situation that can raise suspicions about possible spying has to do with your friends or partner knowing 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 unreliable.

As mentioned above, it is advisable to use the services of a private detective agency. At RSI detectives, we have a quality team, with knowledge of computer forensics, who can carry out an exhaustive analysis and analyse your mobile phone to detect any intrusive programme that may violate your fundamental rights, such as the secrecy of communications and the right to privacy.

Can an employee suspected of false sick leave be investigated?

A feigned sick leave is one in which the worker fakes the accident or ailment that caused the sick leave, either to avoid going to work, or because he/she wants to do another activity and still get paid.

In any case, the worker would be guilty of serious misconduct.

Despite the fact that most sick leave is usually justified, work incapacity fraud in companies is an ongoing reality.

Proof of this is that more and more companies are using the services of a private detective to corroborate concerns about alleged faked sick leave. A worker on sick leave costs money, and even more so if the situation lasts for several weeks.

But is it entirely legal to investigate a worker suspected of false sick leave?

The simple answer is yes. However, the right to privacy and dignity of the person under investigation must be respected, so there are certain limits.

Can a detective investigate a false sick leave?
Faking a sick leave due to temporary incapacity for work represents a serious misconduct on the part of the employee, as it directly transgresses contractual good faith.

In addition to the obvious financial problems caused by this absence, the organisation of the company can be affected. In fact, the work colleagues of the person who fakes sick leave can also suffer the consequences, as they sometimes have to take over their work responsibilities and become overloaded with work. This is also detrimental to the working environment.

Considering the importance of keeping employees motivated and recognising their efforts, can a company afford to have an employee at home for no reason and earning almost the same salary as those who are working? Is it fair to fake sick leave to go on holiday while your colleagues take on your workload? In both cases, the answer is more than obvious.

For this reason, companies have a legitimate right to investigate a fake sick leave.

Current legislation in Spain allows these organisations to hire the services of private detectives to corroborate possible faked sick leave. This is one of the most popular services in the private investigation sector, as 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 with regard to false sick leave should focus on obtaining useful information and convincing evidence that allows the company to verify that a worker is indeed suffering from an ailment or pathology that does not allow him/her to fulfil his/her work responsibilities.

First of all, the private detective must analyse the activities of the alleged offender within the company.

In this way, he/she will be able to subject the worker to continuous observation to reveal his/her daily routine and to understand whether or not the activities are consistent with the medical condition notified to the company.

In addition, it will also inquire into the worker's relationship with the doctor, i.e. whether they are friends or family.

The detective is likely to check the employee's social media accounts to see if they update their statuses or post a picture that reveals information about the fake leave.

The most common evidence to prove a fake sick leave is usually photographs or video recordings of the worker in public places. In this regard, the worker's behaviour will define whether or not he or she is faking the reported illness.

It is important to clarify that the evidence collected by the detectives and the investigation itself is legitimised 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 by his or her right to dignity.

Should the case go to court, the judge will have the final say on whether or not to admit the photographs and recordings as evidence. At trial, the private detective's report will be considered as testimony in assessing the dismissal of the person under investigation.

In general, penalties for workers who incur in false sick leave can range from the suspension of work activity and salary for 60 days, to the dismissal of the employee without the right to compensation. Furthermore, if the private detective's report shows that the employee carries out paid activities that involve a similar or greater effort than that carried out in the company, the likelihood of the company dismissing the employee for fake sick leave is much higher.

Does your company need a private detective to investigate a fake job? RSI's team of private detectives has the experience and professionalism to help you clear up any doubts about one or more of your employees.

Can a private detective testify in court?

In recent years, the evolution of the work of private detectives has been of great importance in Spain.

In the past, the detective was limited to investigations into family matters. Today, however, these professionals represent a valuable resource for obtaining relevant information on financial fraud, labour fraud, urban crime and money laundering, among other issues.

All this has resulted in better academic training for detectives in Spain, even far superior to 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. New mechanisms for crime are positioning private detectives as true experts in the collection, management and dissemination of crucial information for prosecutions.

A private detective can not only testify in court, but his or her 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 as a privileged witness in judicial proceedings.

Because of his professional work, duly regulated by the Ministry of the Interior and the Private Security Law, the detective represents an exclusive means of proof. Why? Because his testimony, or the data collected in his report, is backed up by information heard, observed and verified by him.

In short, the private detective is not a witness subject to a presumption of truth, because in addition to testimony, he provides 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 lies precisely in this: he does not need his word to be validated, but to provide the evidence that dismantles any presumption.

With regard to questioning during the trial, article 380.1 of the Civil Procedure Act establishes that the questions asked to the private detective can only be formulated on the basis of the facts related in his investigation report. This means that, while other witnesses can be questioned about facts prior or subsequent to the situation at trial in order to cast doubt on their credibility or impartiality, the private detective can appeal to his status as a privileged witness.

What is the validity of a private detective's investigation?
One of the most common questions asked by people wishing 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 misconceptions about this profession and whether there is any legal validity to the work of a private investigator.

In any case, you should know that private detectives are regulated by a specific legal framework, while the exercise of this profession can only be achieved after obtaining a three-year academic training that qualifies them to be the best in the field of investigation. In addition, private detectives must meet a number of conditions in order to carry out their work legitimately.

Firstly, the Civil Procedure Act 1/2000 of 7 January recognises in Article 265 the private detective's report as a "specific and distinct form of witness evidence" in a trial, while in Article 380.2, it also recognises 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?
In order for a private detective's investigation to be valid, this professional must respect his legal limits, and this starts from the fact of protecting the fundamental rights of his clients and of the persons being investigated.

Any information obtained to the detriment of the right to free communication or privacy will not stand up in court.

What does "privacy" mean? That you are investigated inside your home or in private places.

What kind of information is presented in the private detective report?

The report is the document where the detective tells everything he observed or heard during his investigation.

In essence, it is a sequential account of all your actions, and may be accompanied by a summary of the most relevant observations to clarify the case.

However, this report should not be confused with documentary evidence. It is rather a written testimony, as the detective is a crucial witness to the facts, which are ratified in court through the report.

RSI detectives comply with all legal requirements for every report, evidence or testimony to be valid in court.

The investigations of our professionals will not only clear up any doubts, but will also prove all the facts in the respective court of law.

Can the investigation be carried out for any offence 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 investigates specific aspects of a third party's life and provides his client with the relevant information gathered in his investigation.

But does this apply to any crime and any person?

On this occasion, we tell you about it.

Can private detectives 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, i.e. private acts (libel and slander).

This means that detectives can be hired by aggrieved persons who have a contractual, employment or family relationship with the subject under investigation.

The legislation states that private detectives cannot investigate "crimes that can be prosecuted ex officio". These are crimes which are in the hands of the authorities and which do not accept conciliation between the perpetrator and the victim, such as, for example, kidnapping. If the detective witnesses any crime of this nature, he/she must immediately report it to the competent authority and hand over all information obtained up to the time of the crime.

Although the detective is the only professional authorised by the Ministry of the Interior to investigate private facts, you can only hire him or her 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 crime, sexual harassment and abuse, crimes of disclosure or discovery, intellectual and industrial property violations, 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 Corps and the Ministry of the Interior (crimes that can be prosecuted ex officio), cannot be investigated by a detective.

Can any individual be investigated?
While any natural or legal person can hire a private detective, not everyone can be the subject of an investigation.

In order for a person to be investigated, there must be a concept of legitimacy, reflected in Law 5/2014 on Private Security. The legislation mentions that private investigators must state in the contracting file that the person requesting the investigation has the right to receive and dispose of the information about the person under investigation.

And how is it determined that someone has the right to investigate another person? As discussed above, there must be a relationship between the client and the subject under investigation.

This may occur when there is a legal process between the two parties, or because there is a need to make claims or complaints.

If you wish to hire a private detective service, it is likely that you will 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, such as couples who have not yet declared their relationship in any register, or relationships between two parties who have lent money to each other without signing contracts.

In these cases, the private detective will request certain information from the client to prove that he/she does indeed know the person to be investigated.

Obviously, there are clients who may try to deceive the private detective with this type of information, as with any other professional service. However, the investigator must follow a meticulous protocol before accepting any case, so that the final report has the expected value and the rights of the investigated person are not violated.

At RSI detectives we only work with legitimate cases.

The natural or legal persons who are the subject of our investigations have a current or future relationship with the client. In this way, we ensure well-informed decision-making and, if necessary, our reports serve as evidence in legal proceedings.

We faithfully adhere to the discretion and confidentiality of every piece of information provided to us by our clients, 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 prove something about the person being investigated with whom they have a legitimate link.

Private detective agencies work for individuals, companies, mutual insurance companies and lawyers, among other clients.

For example, mutual insurance companies usually hire a private detective to deal with various types of fraud, including fake sick leave.

For their part, companies seek to clarify fraud by partners, suppliers, managers, employee fraud, or any other individual that affects the company's objectives.

In organisations, thefts of confidential information and customer portfolios are common to encourage unfair competition. Companies also request the services of private investigators to investigate suspected fraudulent discharges.

The private detective is an excellent ally for lawyers, who use investigation services to deal more clearly with cases of divorce, custody, inheritance, guardianship of minors, domestic violence, etc.

In addition, private individuals can also turn to a private detective to investigate possible infidelities of their partners, problems of alcoholism, gambling and drug use, among other personal problems.





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