PRIVATE EYES INVESTIGATION
National and international private investigation agency
The Private Detective
An essential asset that works closely with legal professionals such as:
lawyers,
notaries,
the bailiffs.
Private detective is a profession associated with the legal profession, as well as the search for evidence.
Why do legal professionals use a private detective?
In accordance with Article 9 of the Code of Civil Procedure, which states: " It is the responsibility of each party to prove in accordance with the law the facts necessary for the success of their claim ", the lawyer is obliged to provide the maximum amount of evidence for the defense of his client. This is where the private detective comes in!
Reimbursement of investigation costs
The irrecoverable costs (all costs incurred for the purposes of the procedure but which are not legally essential) of the private detective during a trial may be borne by the opposing party:
on the basis of article 700 of the Code of Civil Procedure which provides: "The judge orders the party liable for costs or who loses the case to pay: To the other party the sum he determines, for costs incurred and not included in the costs...",
on the basis of articles 475-1 or 375 of the Code of Criminal Procedure,
on the basis of article L761-1 of the Code of Administrative Justice.
This provision is not, however, systematic and remains subject to the judge's discretion; it is therefore advisable to request it.
Our areas of activity
The Private Detective and the Lawyer
The relationship between a lawyer and a private investigator has become essential for searching for evidence. The collaboration between a private investigator and a lawyer will allow the lawyer to obtain greater investigative resources. The private investigator has an essential role here, because he must deliver reports that are precise, detailed and circumstantial, reports that include all the information collected throughout his investigation (photos, dates, observations, etc.).
These documents will be essential for the magistrates who will have to rule on the said case. The lawyer is obliged to find evidence to defend his clients, whether it is for a criminal, family, social or professional case.
This is why he very often collaborates with a private detective who will look for all the evidence in this direction, morality investigation, investigation of accounts and assets, adultery, financial control, search for paternity...
Private detectives from the Private Eyes Investigation agency are subject to professional secrecy under Article 226-3 of the Penal Code.
As for the lawyer, he deals with many situations for which he calls on a private detective , in order to provide evidence to the judge. In family cases for example, the lawyer may call on a private detective to prove a fault of adultery, which is often the case during a divorce. The lawyer can also call on a private investigator to assess alimony.
Indeed, some parents believe that the financial capital of the other parent is higher than what is stated and requires a reassessment. A private detective will be able to investigate the financial and real estate assets of this parent, but also in the case of recovery of unpaid alimony.
The private detective may also be called upon to conduct a neighborhood investigation, a morality investigation. On the business side, the lawyer may call upon the private detective to draw up the profile of debtor clients, a future partner or even a company.
At the end of his investigation, the private detective will give a precise report, sometimes accompanied by photos, to the lawyer.
CERTIFICATE 202 AND PRIVATE DETECTIVE
The 202 certificate has become a frequent mission for the private detective.
Obtaining a 202 certificate by a private investigator brings "weight" in an ongoing procedure. However, obtaining a 202 certificate for the private investigator is delicate. It must be raised in accordance with the rules to avoid any subordination of witnesses.
During an investigation, certificate 202 will be collected at the end of the mission to avoid destroying the surprise effect of discreet surveillance.
The 202 certificates collected are admissible before the competent courts.
What is a 202 certificate?
A 202 affidavit is a written testimony that serves as evidence and may be admissible in court. That is to say, each argument brought by a party can be proven by written testimony.
To learn more about the 202 certificate: click here!
The private detective and the notary
Like the bailiff and the lawyer, the notary can also call upon a private detective.
For a notary, the search for heirs and/or beneficiaries is often essential. Alone, he has little chance of succeeding, because he often has little time and resources. The private detective intervenes here, but also for many other private and professional situations.
The confidentiality required by the profession of private detective corresponds, in fact, perfectly to the framework of that of notary. Thanks to law n°2003-239 of March 18, 2003, the private detective now has "the right to investigate without stating his qualities or revealing the object of his mission."
The notary is an essential figure.
Indeed, as both a public and ministerial officer, he is responsible for the preparation, authentication and conservation of specific legal acts. The latter is called upon to intervene in particularly important acts, whether it is a will, a real estate transfer, the incorporation of a company, a merger, etc. Notaries and detectives can collaborate, for example, in the context of the search for beneficiaries.
Notary and detective: confidentiality and discretion
When a notary calls on a private detective, it is very often to find heirs and/or beneficiaries in the event of a death and inheritance. If the notary initially turns to a genealogist, the latter nevertheless has the possibility of requesting a private detective. In complete discretion, the private detective will be able to push his investigations throughout France and on other continents, which is often useful in this type of research.
The confidentiality and professional secrecy that govern the profession correspond perfectly to the specific requirements of all kinds of missions. Thus, conducting an investigation without arousing the slightest suspicion is the first concern of the Private Eyes Investigation agency.
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During each of its missions, the agency studies all the elements in its possession before developing a targeted investigation strategy.
Finally, at the end of the investigation, a detailed and confidential report is drawn up in which all the necessary elements appear, all the evidence and information is obtained in strict compliance with:
of French law
ethical rules inherent to the profession of private detective.
The private detective and the bailiff
The bailiff also has the option of calling on a private detective .
Far from the finding of adultery, the detective/bailiff association is today useful or even necessary in many other cases . The very essence of these professions is complementary: the investigations of one serve the findings of the other, under the control of different legal obligations.
Debtor location, debt recovery or report preparation, these missions are simplified when these two professions combine their skills. The bailiff is systematically required to decline his status as a ministerial officer and prohibits himself from resorting to any stratagem. These constraints do not apply to the private detective , the only professional who can act by concealing "his status and the object of his mission".
Simple, the bailiff's report allows the rights holder to provide the evidence he lacks. The Court of Cassation, by its order of January 25, 2017, requires the intervention of an independent third party for any report of purchase by a bailiff. The private detective is here the perfect recourse to respect this obligation of independence.
Because he travels throughout the country, and even abroad, the private detective can take his investigations as far as necessary.
The bailiff requests the intervention of a private detective in an address search file. The latter is essential in the service of a document. The private detective can also help the bailiff in his search for solvency elements. In the event of hidden assets, the detective will be the only one who can investigate. He will also be able to search for possible real estate assets or assets hidden abroad.
The private detective, a support that facilitates the findings.
To ensure that the report is as fruitful as possible, the private detective's mission is to investigate in advance and on the day to facilitate the report.
Mainly, he is used to intervening to help bailiffs:
Determine the most appropriate day to draw up the report (or even the time), identify the locations precisely in advance so as not to waste time and have the possibility of action on each issue, identify where the material elements that may be the subject of the report are located, ensure the presence of the people who must be on site.
Their work thus allows observations to be made in the best possible conditions.
Increasingly, bailiffs and private detectives are collaborating to complete cases efficiently. Although the latter are not considered as auxiliaries of justice, they are an important link in the judicial chain.
Contact
Contact us for any information request, we will respond as soon as possible.