The profession of private detective in Spain is regulated by the Law of July, the 23rd / 1.992 and its regulatory extention: RD 2364/1994 and O.M. Justice and Home Affairs of 07-07-1.996
The Law of Private Security 23/1992 of July the 30th, states that the functions of private detectives are proper and exclusive and that at the request of individuals and legal entities, they shall be responsible for:
A) Obtaining and providing information and evidence of private conducts or actions. Those private conducts or actions which affect civil, labour and administrative level are considered.
B) The investigation of indictable crime is conducted only upon the application on the behalf of the parties legitimate in legal proceedings.
C) Surveillance at fairs, hotels, exhibitions and similar areas.
Private investigation is aimed to assist in the verdict, preparation, monitoring and execution of judicial proceedings.
Qualification
To carry out these activities, the Law requires the provision of a private detective license, issued by the Ministry of the Interior to those who meet the requirements of the law, which include a university degree of 3 years duration. The actions of private detectives by the people, nationals or foreigners, who lack the license from the Ministry of Interior , constitutes a very serious offense punishable by a fine of up to 30,000 Euros, regardless of the possible prosecution of the suspect in criminal proceedings. Also, it constitutes an offense for those who request the services from those who are not authorized as private detectives, Interior in case they are aware of such a situation.
Jurisprudence
The new Civil Procedure Act (art.265, Law 1/2000 of the 7th January) attaches significant importance to evidence and reports issued by Detectives.
The Supreme Court defines Private Detectives as privileged witnesses throughout the judicial process. License 3,088
