QUESTIONS & ANSWERS on private investigators

AIn addition to a strong appetite for investigation and flawless morality, becoming a private detective requires the detention of a “professional certification”, or a “professionnal qualification certificate” or a title recognized by a member state of the European Union” as specified in article R622-22 of the CSI.

Once graduated, an apprentice detective must approach the CNAPS for their accreditation request.

AThere are four training courses for private detectives in France. They allow you to obtain your professional aptitude after two years of study in general:

• • • two university training : the University of Paris II Panthéon-Assas in Ile-de-France in Melun and the UNîmes university in Gard in Nimes.
    • deux private detective schools : IFAR in Montpellier (Gard) and ESARP in Paris.

AAs in any professional training, detectives must complete one or two internships in investigation firms. To find an internship, it is advisable to apply as soon as possible via the firm’s websites. For information, SENEX recruits each year a private detective internship .

AThe legislative texts governing the private detective profession have evolved considerably over the past ten years. Any professional exercising the activity of private detective must hold a executive agreement issued by the CNAPS , National Council for Private Security Activities, as well as a authorization to practice for each of the establishments of his company.

A self-employed independent private detective does not need a professional card to practice. His managerial approval and his authorization to practice are sufficient for him. The professional card is reserved for private detectives employed .

AThe CNAPS, the National Council for Private Security Activities, is a public body attached to the Ministry of the Interior. Detectives are under his authority because private investigation is linked to security activities.
The CNAPS has a triple mission: the issuance of approvals and authorizations to exercise detectives , the control of security professionals , information mission to these same professionals.

AUntil 31.12.2019, the CNAPS was funded by professionals in the sector. Thus, they had the obligation to mention a CNAPS tax on each of their invoices and to transfer the amount to CNAPS.
This tax amounts to 0.4% from 2016 (0.45% in 2015 and 0.5% in 2014).

The CNAPS tax was abolished as of January 1, 2020.

AIf the tariffs are regulated for bailiffs and notaries, this is not the case for lawyers and detectives where the fees are free.
Also, the prices charged by private detectives vary according to the skill, the agency experience as well as according to the technicality of each file.
To consult the fees of the SENEX Detective agency, please go to the RATES menu.

AJurisprudence has been consistent in this area since 1962 and judgment No. 1020 of November 7, 1962. The Court of Cassation regularly confirms its position.
Also, to be admissible a private detective investigation report must respect the privacy of the target of the investigation and the conditions of loyalty in the taking of evidence.

APrivate detectives are obviously subject to the strictest observance of professional secrecy . On the one hand, by common law and article 226-13 of the penal code, on the other hand, by its code of ethics in its article R-631-9.

APrivate detectives are legally attached to security professionals who have the “Code of ethics of natural or legal persons carrying out private security activities” . Thus, there is a code of ethics for private detectives .

AThe spinning a private detective is a completely legal evidence from the moment the privacy of the person being followed is respected. The invasion of the privacy of the person being monitored is not unlawful under the cover of three conditions: the legitimacy of the investigation as well as the legality and proportionality of the actions carried out.

AThe APE code, formerly called the NAF code, allows INSEE to categorize professionals by sector of activity. Statistically, the National Institute of Statistics and Economic Studies lists private detectives under the APE code 8030Z .