Investigator and the law courts

Private investigation conducted by detectives is a professional activity aimed at obtaining information and proof with the sole intention of finding out the truth.

Juicio

The profession of private detective in Spain is regulated by the Private Security Law 23/1992, of 30th July, and by the respective regulations, Royal Decree 2364/1994 and the Order of the Ministry of Justice and the Interior of 7th July 1995.

In the Civil Procedure Law, the figure of the private detective is defined as different from the various experts or witnesses, and Article 265 states: “Reports drawn up by legally authorized professionals (private detectives) about relevant facts on which they rest their assertions. If these facts are not recognized as certain, witness evidence shall be taken”. And Article 382 states: “The witness shall not proceed to be struck out for reasons of interest in the matter when the report has been drawn up as commissioned by either of the parties”.

From these articles it is deduced that private detectives in Spanish territory have a defined and legal scope of action, in accordance with the legislation that regulates them, their activity being exclusive and excluding. Exclusive, because it may only be carried out by private detectives authorized by the Ministry of the Interior. Excluding, because no person lacking the corresponding professional authorization may perform the functions proper to private detectives.

The information obtained in the course of the investigation is reflected in a report along with the proofs obtained (video, photographic, graphology, documents, etc.), which constitute the result of the work carried out.


Urban lettings

Estate administrators and lawyers may both act against tenants provided an infringement of the current Urban Lettings Law has been committed. This law and the rental contract itself determine and set out the conditions to which the letting is subject, leaving the duties and obligations of both parties clearly defined.

edificio

In the case of backdated rentals of former letting that are still valid and the large number of undefined contracts that still exist at present, the situations detailed below may be a reason for updating or terminating a contract:

  • Sublettings
  • Subrogations
  • Dedication of the estate to ends not stipulated in the contract
  • Duplication of address
  • Cessions and transfers without consent
  • Determination of rentals

If the landlord is determined to fake the need to recover the use of his estate which he has rented to the tenant, Investigator Detectives will concentrate on verifying the previously mentioned situations in order to demonstrate what the real situation is.