Regulations

Regulation and private investigator!

The regulation of the detective (private search officer) is derived from the Homeland Security Code governing all security professions at large. The private investigator profession also has a code of ethics written largely by investigative professionals.

For more than 10 years, the profession of private detective has become professional. Initial and ongoing training is available for all grade levels and for investigators who wish to train continuously.

The body responsible for advising and sanctioning private investigators is the CNAPS (National Council of Private Security Activities). It also seeks to issue individual approvals and authorisations for establishments, it helps to limit wrongdoing. Each private search agent must hold all the accreditations, so the CNAPS gives you the opportunity to check if your interlocutor is authorized to carry out your mission.

The law!

The profession of private investigator is framed by Book VI Title II of the Code of Homeland Security.

Indeed, it is stipulated that, according to Article L621-1 of the Internal Security Code : “The liberal profession is subject to the provisions of this title, which consists, for a person, of collecting, even without stating his quality or revealing the purpose of his mission, information or information intended for third parties, in order to defend their interests.”

The profession of Private Investigator is therefore a regulated liberal profession with the aim of gathering evidence and information in view of the interests of a third party and his defence.

Private Detectives are governed by Act 83-629 of July 12, 1983 amended by the Act 2003-239 of March 18, 2003 as well as by the texts in Title II of Chapter VI of the Code of Internal Security, created by the ordinance of March 12, 2012 and entered into force on May 1, 2012.

We are therefore subject to a Code of Conduct that has been in force since 2012. It defines our code of honour, our principles and our obligations.

The important elements of the Code of Ethics are loyalty, confidentiality, morality and our duty of advice.

Training!

Currently in France, we find four vocational training centres that issue a diploma defensible and recognized to the RNCP (National Directory of Professional Certifications) to become a private investigator.

These different schools provide two levels of qualification:

• CQP (Professional Qualification Certificate) available for holders of a Bachelor’s degree allowing them to become an employee of a Private Detective Agency.
• Title or professional license option Private Research Agent allowing you to create and run your agency.

The trainings are:

• ESARP (Higher School of Private Research Agents) located in PARIS, it offers the possibility of obtaining a CQP or title.

• IFAR (Research Agents Training Institute) Located in Montpellier, it provides a CQP or a Title
• University of Nimeswhich issues the Professional License of Private Research Agent
• PARIS University 2, Pantheon Assas located in Melun, the university issues the professional license Security of Goods and Persons option Legal Activity Director of Private Agency

Cnaps!

In accordance with the legislation, the Prometheus Investigations group is approved by the National Council of Private Security Activities under the supervision of the Ministry of the Interior.

The National Council of Private Security Activities has a duty of control, advice and punishment of private detectives.

It is a public administrative institution under the tutelage of the Minister of the Interior.

The National Council of Private Security Activities ensures that detectives comply with the profession’s Code of Ethics, such as professional secrecy and the confidentiality of investigation information.

In case of non-compliance with the Code of Ethics, disciplinary sanctions are provided, but also to criminal sanctions according to Article 226-13 of the Penal Code.

Approval!

According to the code of ethics in Book 6 Title 2 of the Homeland Security Code, Article L622-7 states that accreditation is issued to persons who meet the following requirements:

• Be a French national or a national of a Member State of the European Union or one of the States Parties to the Agreement on the European Economic Area.

• Not having been sentenced to a correctional sentence or a criminal sentence on the second ballot of the criminal record or, for foreign nationals, in an equivalent document, for reasons incompatible with the performance of duties;

• Not having been the subject of an unre repealed deportation order or a ban on French territory not fully enforced;

• Not to have been the subject of a decision, pronounced on the basis of the provisions of Chapter III of Title V of Book VI of the Code of Commerce or taken in accordance with the texts prior to that code, and not having been the subject of a decision of an equivalent nature in another Member State of the European Union or another State party to the agreement on the European Economic Area;

• Hold a professional qualification defined by decree in the Council of State.

Authorization!

In order to practise as a private investigator, the application for authorisation is made to the CNAPS of the department where that person is registered.

Where the activity is to be carried out by a legal entity, the application for authorisation is filed by the officer with the power to engage that person with the local board of accreditation and control in the jurisdiction of which the latter has his principal or secondary institution.

The application for authorization mentions the registration number.

For a natural person, it indicates the address of the individual.

For a corporation, it includes:

• The denomination
• The address of the company’s head office if they are separate, the main establishment and the secondary school
• Status
• The list of founders, directors, directors or managers as well as the distribution of social capital and financial holdings held in other companies.

The exercise of the private detective activity is subject to a separate authorization for the main institution and for each secondary school.

Permission is denied if the exercise of the private detective activity by the person concerned is likely to cause a disturbance to public order.

The planned authorization may be withdrawn:

• To the natural person who, as holder of the certification, no longer meets the requirements of Article L. 622-7.
• To the corporation that retains as an officer or manager a person who holds the accreditation but no longer meets the conditions required in Article L. 622-7 or a person whose accreditation has been withdrawn.
• To the legal person whose management or management is in fact exercised by a person acting directly or by person interposed in place of legal representatives.
• To the legal person whose share capital is made up of funds brought directly or indirectly by the perpetrator of a crime or misdemeanour.
• To the individual or legal person whose activity impairs public safety, the security of the State or the fundamental interests of the Nation in the economic, scientific, industrial or commercial fields
• To the individual or legal person who does not comply with the provisions of this title, those of the code of entry and residence of foreigners and the right of asylum or those of the labour code.

Permission may be suspended for up to six months.

Permission may also be suspended when the individual or one of the executives or managers of the legal person holding the authorization is the subject of criminal proceedings.

The suspension is terminated as soon as the administrative authority or the territorially competent accreditation and control commission is aware of a decision of the judicial authority on the merits.