Colleagues, pay attention to article 5 of our Law "During private detective activity it is allowed ...... When carrying out private detective activity it is allowed to use video and audio recordings, film and photography, technical equipment that does not harm the life and health of citizens and the environment , in accordance with the legislation of the Russian Federation. "
The prohibitive norm for the implementation of video and audio recordings, photography and filming is enshrined in part 1 of the paragraph 4, article 7 of the Law, therefore, in other cases, in the absence of intent to inflict any harm, including the onset of criminal consequences (the subjective side of the crime in the construction of criminal acts provided for by the Criminal Code) (this link should be specified in the contract with the client (see my version of the contract)) this type of information retrieval is legally permitted. The Federal Law on Bhd for the production of private investigative measures has an imperative norm of Art. 1 - This private law defines private detective activity as rendering services to individuals and legal entities on a contractual basis ... And it follows that the detective, having stipulated in the contract a measure of responsibility for the client to use the information received by the detective, has the right to collect information from the use of video, audio, photos and other equipment that does not harm life to the health of citizens and the environment, in accordance with the legislation of the Russian Federation.
If there are prohibitive norms in other laws, then there is a conflict of law, there is no imprisonment for this. And all fatal doubts are interpreted in favor of the person held accountable (presumption of innocence). That is - there is no composition of a criminally wrongful act.