In France, the profession of private law Investigator (Private Detective) is a highly regulated and controlled activity.
It is subject to numerous laws and regulations including the Book VI of the Code of Homeland security.
Article L621-1 of the Code of Homeland Security, “the activity of private research agent is for a person to collect, even without mentioning its quality or disclose the object of his mission, information intended for litigants to defend their interests”
Since 2011, the National Commission on Private Security Activities, under the Ministry of the Interior, Overseas and Local Government is responsible for issuing licenses and professionals to ensure control of the activities.
To obtain professional accreditation, titles and university degrees (or equivalent) are required. Knowledge of various rights (criminal, civil, commercial …) is a must, as well as mastery of technical, constantly changing.
The reports issued by accredited private research agents are evidence that may be subject to the discretion of the Judges.
French Jurisprudence and Legislation confirmed the use of reports from private investigators:
Court of Cassation, Civ Room 1st, May 18, 2005 : “An appellate court believes that the relations, offensive for the husband, the wife maintained with a third party, are established by email and a private investigative report “
Art. 1353 of the French Civil Code: The presumptions which are not established by law, are left to the lights and the prudence of the magistrate, who must admit that were serious, precise and concordant, and only in cases where the law allows the oral evidence, unless the act is attacked because of fraud or deceit.
Art. 9 of the New French Civil Procedure Code : “it is for each party to prove compliance with the law, the facts necessary to the success of its claim. »
Art. 427 of the French Criminal Procedure Code : “except in cases where the law provides otherwise, violations may be established by any type of evidence and the judge decides his personal conviction. The court may base its decision only on evidence made to it during the debate and contradictorily discussed before him “
Art. 429 of the French Criminal Procedure Code : “Any report or report has probative value only if it is properly drawn if the perpetrator acted in the exercise of its functions and reported on a matter within its skill what he saw, heard and seen personally “