Private Detective Regulation

​The profession of private detective is regulated by Book VI Title II of the Internal Security Code.

 

Indeed, it is stipulated that according to Article L621-1 of the Internal Security Code: "The liberal profession which consists, for a person, in collecting, even without stating their status or revealing the purpose of their mission, information or intelligence intended for third parties, with a view to defending their interests, is subject to the provisions of this title."

The profession of Private Detective is therefore a regulated liberal profession whose purpose is to collect evidence and information with a view to the interests of a third party and their defense.

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Private Detectives are governed by Law 83-629 of July 12, 1983, amended by Law 2003-239 of March 18, 2003, as well as by the texts included in Title II of Chapter VI of the Internal Security Code, created by the Ordinance of March 12, 2012 and entered into force on May 1, 2012.

We are therefore subject to a Code of Ethics that has been in force since 2012. It defines our code of honor, our principles and our obligations.

The important elements of the Code of Ethics are loyalty, confidentiality, morality and our duty to advise.

 

Training:

Currently in France, we find four professional training centers that issue a diploma referenced and recognized by the RNCP (National Directory of Professional Certifications) to become a private detective.

 

These different schools deliver two levels of qualification:

• CQP (Certificate of Professional Qualification) accessible to holders of a Baccalaureate allowing them to become employees of a Private Detective Agency.

• Title or professional license with the option of Private Investigation Agent allowing you to create and manage your agency.

The training courses are as follows:

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• ESARP (Higher School of Private Investigation Agents) located in PARIS, it offers the possibility of obtaining a CQP or the title.

• IFAR (Institute for Training of Investigation Agents) Located in Montpellier, it allows you to obtain a CQP or a Title

• University of Nîmes which delivers the Professional License of Private Investigation Agent

• University PARIS 2, Panthéon Assas located in Melun, the university delivers the professional license Security of Property and People with the option Legal Activity Director of a Private Agency.

 

CNAPS

In accordance with the legislation, Private Eyes Investigations is approved by the National Council of Private Security Activities under the supervision of the Ministry of the Interior.

The National Council of Private Security Activities has a duty of control, advice and sanction towards private detectives.

It is a public administrative establishment under the supervision of the Minister of the Interior.

The National Council of Private Security Activities ensures that detectives respect the Code of Ethics of the profession such as professional secrecy, confidentiality of investigation information.

In the event of non-compliance with the Code of Ethics, disciplinary sanctions are provided, but also criminal sanctions according to article 226-13 of the Penal Code.

 

Approval

According to the code of ethics of book 6 title 2 of the internal security code, article L622-7 stipulates that approval is issued to persons who meet the following conditions:

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• Be of French nationality or a national of a Member State of the European Union or of one of the States party to the agreement on the European Economic Area.

 

• Not have been the subject of a conviction to a correctional sentence or a criminal sentence entered in bulletin no. 2 of the criminal record or, for foreign nationals, in an equivalent document, for reasons incompatible with the exercise of the functions;

• Not have been the subject of an unrepealed expulsion order or a ban on French territory that has not been fully executed;

• Not have been the subject of a decision, pronounced on the basis of the provisions of Chapter III of Title V of Book VI of the French Commercial Code or taken in application of the texts prior to this code and not have been the subject of a decision of an equivalent nature in another Member State of the European Union or another State party to the Agreement on the European Economic Area;

• Hold a professional qualification defined by decree in the Council of State.

Authorization to practice

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To practice the profession of private detective, the application for authorization is therefore made to the CNAPS of the department where this person is registered.

When the activity must be carried out by a legal person, the application for authorization is filed by the manager with the power to engage this person with the local approval and control commission in the jurisdiction of which the latter has its main or secondary establishment.

 

The application for authorization mentionsthe registration number.

For a natural person, it indicates the address of the latter.

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For a legal person, it includes:

• The name

• The address of the company's registered office if they are distinct, of the main establishment and of the secondary establishment

• The status

• The list of names of the founders, directors, directors or managers as well as the distribution of the share capital and the financial interests held in other companies.

The exercise of the activity of private detective is subject to a separate authorization for the main establishment and for each secondary establishment.

The authorization is refused if the exercise of the activity of private detective by the person concerned is likely to cause a disturbance to public order.

 

The authorization provided may be withdrawn:

 

• From the natural person who, holder of the approval, no longer meets the conditions required by Article L. 622-7.

• To the legal entity that retains as director or manager a person holding the approval but no longer meeting the conditions required by Article L. 622-7 or a person whose approval has been withdrawn.

• To the legal entity whose direction or management is exercised in fact by a person acting directly or through an intermediary in place of the legal representatives.

• To the legal entity whose share capital, all or part, is constituted by funds contributed directly or indirectly by the perpetrator of a crime or an offence.

To the natural or legal person whose activity undermines public safety, the security of the State or the fundamental interests of the Nation in the economic, scientific, industrial or commercial fields

To the natural or legal person who does not comply with the provisions of this Title, those of the Code on the Entry and Residence of Foreigners and the Right of Asylum or those of the Labour Code.

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The authorisation may be suspended for a maximum of six months.

The authorisation may also be suspended when the natural person or one of the directors or managers of the legal person holding the authorisation is subject to criminal proceedings.

 

The suspension is terminated as soon as the administrative authority or the territorially competent approval and control commission becomes aware of a decision of the judicial authority on the merits.