PRIVATE EYES INVESTIGATION
National and international private investigation agency
WHAT THE LAW SAYS
The right to disappear
Article 4 of the Declaration of the Rights of Man of 1789
" Freedom consists in doing whatever does not harm others ."
Please note that in France, disappearing is a right. Indeed, leaving one's spouse, children and friends is a freedom that every French person has. According to the law, if an adult is not being prosecuted for a crime or offence and their disappearance is not considered worrying, this person has every right to rebuild their life and therefore to disappear .
The investigation into the search for a missing person is opened by decision of the Public Prosecutor.
In practice, the investigation takes place in two stages:
a first justified by the urgency – due to the temporal proximity of the disappearance – which will see the rules of the flagrante delicto investigation applied,
then a second in the form of a preliminary investigation.
In the first stage of the investigation, all possible investigations are used within the framework of a flagrante delicto investigation. This first stage lasts 8 days which cannot be renewed.
At the end of the 8th day, the investigation switches to the form of a preliminary investigation.
At the end of the investigation, when the person is found, the investigation into the search for a missing person ends.
If the person found is dead or injured, the Public Prosecutor decides what to do next: investigation into the crime, preliminary investigation, request to open a judicial investigation or dismissal without further action.
Conversely, at the end of the investigation when the person has not been found, the Prosecutor has several options:
if the missing person is the victim of a crime, the Prosecutor opens an investigation either in flagrante delicto or in a preliminary manner;
if the missing person is the victim of a crime, the Prosecutor requests the opening of a judicial investigation;
If the investigations have not made it possible to determine what happened to the missing person, the Prosecutor may decide either to close the case without further action or to request the opening of a judicial investigation to find the causes of the disappearance.
Whether they concern family or friends who have disappeared voluntarily, in a worrying manner or simply whom you have lost touch with, the research carried out by a private detective can answer your questions and anxieties.
It should be noted that if the person is found, the detective, the police or the gendarmerie services will only be able to communicate their contact details to their relatives with their agreement, by virtue of the right to respect for private life (article 9 of the Civil Code).
The private detective is an experienced professional able to carry out any type of search for missing persons, by implementing suitable search devices.
Whether it is to find a friend, a childhood sweetheart, a family member, a beneficiary, or a third party, the Private Eyes Investigation agency will help you in your efforts so that you can achieve your goals.
THE DIFFERENT CASES
IN WHICH THE AGENCY INTERVENES
Summons of a third party for legal proceedings
Before initiating any contentious procedure, it is advisable to notify the person against whom you wish to initiate this type of procedure. Unfortunately, in many cases the address of the person is not known or the address.
In this type of situation, using the services of a private detective will prove particularly effective. He is responsible for carrying out the necessary research and verifications in order to provide his client with a valid address.
Find a friend or acquaintance with the help of a private detective.
In the context of legal proceedings.
Whether it is a friend or an intimate relationship that you have lost touch with for many years, the private detective will be able to intervene to locate them and allow you to reconnect, in compliance with the disclosure rules described below.
Indeed, the disclosure of the information collected will depend on the legal framework in which the latter is included.
In this judicial framework , it is entirely possible to reveal the location of a missing person without any breach of privacy being found.
The provisions of Article 9 of the Civil Code concerning the protection of privacy are not conceived without limits. It appears that certain circumstances allow private information to be acquired without having obtained the prior consent of the person.
A decision handed down by the 1st Civil Chamber of the Court of Cassation dated 19 March 1991 states that "while any person is entitled to refuse to disclose the place of his domicile or residence, the same is not true when this concealment is dictated to him by the sole illegitimate intention of evading the performance of his obligations and of thwarting the rights of his creditors"
Furthermore, Article 1341 of the Civil Code states: "The creditor has the right to the performance of the obligation; he may compel the debtor to do so under the conditions provided for by law."
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Service of a court decision for enforcement
At the end of a legal procedure, a legally enforceable court decision is issued. In order to serve this decision, the bailiff will need the actual address of the convicted person.
In some cases, people against whom a court decision is made leave their last known place of residence without leaving an address. This approach, whether voluntary or not, therefore complicates the work of the bailiff in order to find the new address of a debtor.
The private detective will then be able to locate and identify the new address in order to serve it by bailiff.
Find a friend or acquaintance with the help of a private detective.
Outside the framework of legal proceedings.
In this case, carrying out research to locate a person is completely legal, however, the disclosure of the information collected can only be done with the consent of the person concerned.
If the person being sought refuses to disclose the information, it is nevertheless possible to send a letter from the client in which the latter can explain the reasons for their search.
Find a family member with the help of a private detective
For often personal reasons, it happens that members of the same family find themselves separated for longer or shorter periods. A situation often badly experienced by certain people who seek to renew a link or obtain explanations from the missing person.
Without signs that the missing person is in danger (worrying disappearance), an official investigation will be impossible . You must find the person by your own means. In the same way, when opening an estate, it may be necessary to obtain the agreement or signature of a particular family member to administratively unblock a situation (search for beneficiaries).
A scenario where the private detective may launch a search to locate a missing family member.
Other request
The areas of activity and research described are not exhaustive, so whatever your needs, do not hesitate to contact us.
The Private Eyes Investigation agency will study your request and its feasibility in compliance with the professional code of ethics .
In all cases we will provide you with answers, advice and, where appropriate, alternative solutions.
Contact
Contact us for any information request, we will respond as soon as possible.