Detective Activities Act (Latvia)

[Детективное агентство. Украина. Харьков. Львов.]

The law adopted by the Seimas on July 5, 2001 and promulgated by the President of the state on July 20, 2001.

Article 1. The purpose of this Law is to determine the legal basis of detective activity as a special type of commercial activity and the circle of its subjects, the regulation of their rights and obligations.

Section 2. (1) Detective activities are services of individual merchants, personal societies and capital societies (hereinafter referred to as the detective society) and certified individuals (hereinafter referred to as the detective) licensed in the manner prescribed by this Law that are rendered to an individual or legal entity person in order to protect his rights and legitimate interests.

(2) A detective society and a detective may provide the following detective services:

1) collection of information on civil and criminal cases;

2) the search for perpetrators of a criminal offense or missing persons;

3) clarification of facts, things or persons related to criminal activity;

4) providing advice to individuals and legal entities on security issues;

5) clarification of facts of unfair competition, illegal commercial activity or other illegal economic activity;

6) the collection of information characterizing a person before concluding an employment contract or other civil law contract and information about the solvency of a person;

7) verification of information related to the fulfillment of obligations under the insurance contract and compensation for material losses;

8) the search for property lost or illegally alienated by individuals and legal entities.

(3) A detective company and a detective may also provide other services if they do not contradict the law and serve the achievement of the goals specified in Paragraph one of this Section.

Article 3. Detective activity may begin:

1) detective society - after obtaining a special permit (license) for detective activities (hereinafter - the license);

2) detective - after receiving a certificate for detective work (hereinafter - certificate).

(2) A license and certificate shall be issued for five years.

(3) The Cabinet shall establish the procedure for issuing, renewing, annulling and suspending a license and certificate.

Article 4. The right to obtain a license has a detective society in which:

1) its head is a citizen of Latvia, whose command of the state language complies with the requirements established by the Law on the state language and which is not found guilty of an intentional criminal act in the manner prescribed by law (regardless of the cancellation or withdrawal of a criminal record), does not suffer from mental illness, drug addiction, substance abuse or alcoholism;

2) at least one certified detective has been hired to provide detective services.

Section 5. (1) It is forbidden to issue a license to detective societies in which positions in the management structures are held by persons about whom the State Police or State Security institutions have received and verified in the manner prescribed by law evidence that these persons belong to prohibited militarized or armed groups, political parties or public organizations, their associations or movements, which began public activities before their registration or continued activities after its suspension or termination by a court order, as well as membership of organized crime groups.

(2) The re-issuance of a license in the event of its cancellation due to the reasons referred to in Section 7, Paragraph 1 of this Law is prohibited.

Article 6. The right to obtain a certificate has a legally capable person:

1) who has a law degree or has practical legal experience in law enforcement institutions of the Republic of Latvia (courts, pre-trial investigation institutions, prosecutors, State police, state security) is at least five years;

2) which is not found guilty of an intentional criminal act in the manner prescribed by law (regardless of the cancellation or removal of a criminal record);

3) who does not have a mental illness, drug addiction, substance abuse or alcoholism;

4) who has not been dismissed (not fired) from work or from service in law enforcement institutions in connection with a disciplinary violation or inadequacy of his position (service), except for the case of non-compliance of the person in his position (service) due to health conditions;

5) about which the State Police or State Security institutions do not have information received and verified in the manner prescribed by law that indicates that this person belongs to banned paramilitary or armed groups, political parties or public organizations, associations of public organizations or movements that have begun public activities prior to their registration or continuing their activities after its suspension or termination by a court order, as well as membership of organized crime groups.

Article 7. The license of a detective society is canceled if:

1) his activity is directed against the legitimate interests of the state, society or person;

2) he deliberately does not comply with the requirements of laws or other regulations;

3) they knowingly submitted false information to obtain a license;

4) he does not systematically fulfill tax obligations;

5) within six months after obtaining a license, it did not start detective activity;

6) it is established by other laws or court orders.

Section 8. (1) A certificate from a detective shall be revoked if:

1) his activity is directed against the legitimate interests of the state, society or person;

2) he deliberately does not comply with the requirements of laws or other regulations;

3) they are knowingly presented false information to obtain a certificate;

4) he does not systematically fulfill tax obligations;

5) he is sick with a mental illness, drug addiction, substance abuse or alcoholism;

6) within six months after receiving the certificate he did not start detective activity;

7) he is found guilty of an intentional criminal act in the manner prescribed by law;

8) it is established by other laws or court orders.

(2) A certificate from a detective may be revoked if he performs the actions referred to in Section 12 of this Law.

(3) If a detective is charged with a deliberate criminal offense, the certificate shall be suspended. The certificate may be renewed from the moment the decision of the prosecutor or the court of the court rehabilitating the detective comes into force in the criminal case.

Section 9. (1) A written contract for the provision of detective work services is concluded with each client. When concluding a contract by a detective company, in addition to the requirements of the Civil Law, the name, surname, number and date of issue of the certificate of the detective who will provide the services of detective activities shall be indicated.

(2) When concluding an agreement on the collection of information on a criminal case, the person providing the services of detective activity shall within 24 hours notify the person directing the process, the clerk of which the corresponding criminal case is under investigation, and coordinate with him his actions in this case.

Section 10. (1) In the course of detective work, a detective has the right:

1) conduct a disguised (hidden) survey of a person about facts of interest and circumstances of the case or incident;

2) with the consent of the person, conduct a detailed survey of the person and accept a written explanation from him about the facts of interest and the circumstances of the case or incident;

3) with the permission of the owner or legal owner, to conduct an inspection of places, structures, structures, premises, equipment, equipment, objects and documents closed for public access;

4) to conduct open or disguised (hidden) searches of places, buildings, structures, premises and objects located in the premises open for public access;

5) carry out open or disguised (hidden) surveillance and surveillance of persons, objects and their movement.

(2) For the conduct of detective activities referred to in Paragraph one of this Section, the use of videos, audio recordings and photography, as well as other technical means, is permitted if this does not pose a threat to the life or health of people, as well as to the environment and in specific conditions prohibited by laws and other regulations.

(3) It is the duty of a detective to transfer to the disposal of law enforcement agencies all information obtained in the course of detective activity about impending or committed criminal acts, as well as about persons associated with them.

Article 11. When conducting detective activities, it is forbidden to cause physical, moral or material harm to persons, create a threat to the life or health of people, as well as the environment, use or threaten to use physical means, or induce people to commit criminal acts.

Article 12. The detective society and the detective are prohibited:

1) knowingly mislead customers and use the information received contrary to the interests of the client or other persons protected by the state or law;

2) transfer the certificate to other persons;

3) carry out operational activities;

4) without the consent of the client, to disclose information obtained in the performance of his duties, with the exception of cases specified in the third paragraph of Article 10 of this Law and other laws.

Article 13. For issuing and extending the validity of a license and certificate, a state duty shall be paid in the amount established by the Cabinet of Ministers and in the manner determined by it.

Article 14. Control over detective activities is carried out by the State Police, which has the right to request documents and oral or written information necessary for the performance of control functions.

Transitional provisions

1. The Cabinet of Ministers shall, until November 1, 2001, develop and adopt the normative acts referred to in this Law.

2. The State Police within three months after the entry into force of this Law shall consider the compliance of existing detective societies and detectives with the Law on Detective Activities and revoke the licenses if they do not comply with the requirements of this Law.

3. The condition referred to in Clause 1 of Article 6 of this Law on practical legal work in law enforcement institutions of the Republic of Latvia cannot serve as a basis for canceling a license and not issuing a certificate to a detective who has begun detective work before the day this Law was adopted, subject to other requirements of the law.

The law comes into force on November 1, 2001.

Source - [DLMURL="https://www.sec4all.net/modules/bp/article.php?storyid=30"] https://www.sec4all.net/modules/bp/artic ... storyid = 30 [/ DLMURL]

 

[@InfoPoisk]

Thanks, informative.

 

[ДНК]

good law ...

 

[Частный детектив. Тайный советник. Омск.]

There are many interesting points in the law. Thanks for the material, namesake !!

 

[Детективное агентство Тула]

Very informative.

 

[Детективное агентство. Москва. Арбат.]

Thanks, interesting!

 

[НСК-СБ]

Thank you, Sergey - an interesting law!

 

[Частный детектив Нижний Новгород]

thank

 

[Плотников Юрий Михайлович]

Thanks, interesting.

 

[ТИМУР]

An interesting and at the same time brief in content law. Thank .