Закон о ЧДД Испании. Извини, Игорь, выкладываю в оригинале без перевода.
PRIVATE DETECTIVES ACT OF 1965
Law no. 108 of June 29, 1965, as amended up to October 1999
Art. 1 Short title. (25 LPRA sec. 285)
This chapter may be cited as the "Private Detectives Act in Puerto Rico".
(Effective July 1, 1965; amended in 1968, law 126)
Art. 2 Definitions. (25 LPRA sec. 285a)
For the purposes of this chapter, unless otherwise deduced from its context:
(a) Private detective. It is one that for private purposes, or for the benefit of private individuals exclusively, contracts its services to:
(1) To carry out investigations or investigations for the purpose of obtaining information on public crimes, damages caused or the attempt to cause them; the habits, credibility, conduct, movement, whereabouts, association, transactions, reputation or character of any person; the location of stolen or lost property in order to recover it through the corresponding legal procedures; the causes of or origin or responsibility for fire or accidents or damage to personal or immovable property, the occurrence of any act; the truth or falsity of any manifestation or representation.
(2) Seek or obtain evidence to be used before investigative or arbitration committees or boards, or before the courts in civil or criminal cases.
(3) Protect people or personal or real property; or to prevent theft, or the embezzlement or illegal theft of money, bonds, stocks, or any kind of securities or documents.
(b) Agency. Includes "Private Detective Agency" and "Security Agency for the Protection of Persons or Personal or Personal Property".
(c) Private detective agency. Shall mean and include any person who is engaged in the occupation of a private detective and who employs one or more persons for such purposes.
(d) Security agency for the protection of personal or personal property or movable property. Shall mean and include any person specially dedicated to the provision of custody services or to the protection of persons or personal or movable or immovable property and who employs one or more persons for such purposes.
(e) School. It will mean any person or entity that is dedicated to the teaching and preparation of private detectives.
(f) Superintendent. Shall mean the Superintendent of the Police of Puerto Rico.
(g) Person. Shall mean a natural or legal person.
(Amended in 1968, law 126)
Art. 3 License required. (25 LPRA sec. 285b)
From the effective date of this law, it will be illegal to engage in the occupation of a private detective or operate an "Agency" without previously obtaining a license to that effect, issued by the Superintendent in accordance with the terms of this Chapter.
Art. 4 License requirements. (25 LPRA sec. 285c)
(a) Requirements for the license as a private detective pursuant to parts (a) and (b) of the definition of "Private Detective" in sec. 285a of this title:
(1) Be of legal age.
(2) Be a citizen of the United States of America and the Commonwealth of Puerto Rico.
(3) Not having been convicted of a felony or less serious crime involving moral depravity.
(4) Being a person of excellent moral reputation.
(5) Having given a bond or presented an insurance policy in the manner provided in [25 LPRA sec. 285f] of this law.
(6) Have passed the written exam offered by the Superintendent as the regulatory authority for the occupation of private detective.
(7) Having paid the license fees provided by [25 LPRA sec. 285k] of this law.
(8) Not be a habitual drunk, mentally unbalanced, or addicted to the use of drugs and narcotics, or have been convicted of any crime related to drugs and narcotics.
(9) Supply your fingerprints to the Superintendent.
(10) Not to occupy any public position or employment of any kind, remunerated or without remuneration, in the Government of the Commonwealth of Puerto Rico, its agencies and instrumentalities, and public corporations and political subdivisions.
(11) Have successfully passed a course of study in a private detective school, authorized by the Superintendent of Police, with a minimum of 1,000 hours of study and competent professional practice as determined by the Superintendent by regulation. Private detective schools authorized by the Superintendent may validate their students courses on subjects similar to those offered by them, approved in other schools of accredited competence in or outside of Puerto Rico, including the Police Academy, the FBI Academy and any other similar institution that offers research courses. Also, with the approval of the Superintendent, the private detective schools authorized by him, may accredit as hours of competent professional practice, those hours that his students had previously dedicated to tasks similar to those that they will carry out if they pass the course of studies and they obtain a license under the provisions of this chapter and the regulations that are approved.
(b) Requirements for a private detective license pursuant to part (c) of the definition of "Private Detective" in [25 LPRA sec. 285a] of this law:
To obtain a private detective license to carry out the activities referred to in subsection (c) of [25 LPRA sec. 285a] of this law the following requirements will be required:
(1) The requirements included in letters (1), (3), (4), (5), (7), (8), (9) and (10) of the preceding paragraph (a).
(2) Have passed a training course of at least four (4) weeks offered by any agency that will use its services.
(Amended in 1968, law 126; 1979, law 99)
Art. 5 § 285d. License application. (25 LPRA sec. 285d)
Any person wishing to obtain a private detective license will apply for it from the Superintendent. Said request shall be made in writing and on the forms provided for this purpose by the Superintendent. Each application will be accompanied by sufficient proof that the applicant meets the requirements established by [25 LPRA sec. 285c] of this law and must be signed and sworn by the applicant.
Art. 6 Written exam. (25 LPRA sec. 285e)
Every applicant for a private detective license, in accordance with parts (a) and (b) of the definition of "Private Detective" in [25 LPRA sec. 285ª] of this law, will be submitted to a written examination prepared by the Superintendent, which will cover those subjects reasonably related to said occupation that the Superintendent determines.
(Amended in 1968, law126)
Art. 7 Guarantee. (25 LPRA sec. 285f)
To obtain a private detective license or to operate an agency, it will be a prerequisite to present an insurance policy or provide a bond in favor of the Commonwealth of Puerto Rico. The bond will be for the sum of five thousand (5,000) dollars, which must always be maintained for said sum. The insurance policy will be for minimum limits of five thousand (5,000) dollars per person and ten thousand (10,000) dollars when there are several causes of action. The bond and the policy will respond for the damages that by action or omission are caused to another, intervening fault or negligence. The bond may be by means of a cash deposit, a mortgage or by a company or corporation of guarantees and bonds authorized to do business in Puerto Rico.
The Insurance Commissioner shall approve said policy or bond as to its form and the adequacy of the guarantee.
Nothing in this section will relieve any person of any civil liability imposed by law. In any action or proceeding against an agency [in which the agency is held liable] for the omissions or acts of its officials or employees, it shall be presumed, until proven otherwise, that said acts or omissions were committed in the course and ordinary performance of the functions inherent in the employment contract.
The provision of the aforementioned bond, in favor of the Commonwealth of Puerto Rico, shall not be understood in the sense that it assumes or accepts any civil liability that it would not otherwise have. The Commonwealth of Puerto Rico will therefore be a trustee with respect to said bond.
In addition to what is previously required, to obtain a license to operate an agency, it will be a prerequisite to provide a payment bond in favor of the Secretary of Labor and Human Resources.
Said bond must be provided in cash, certified check or with the guarantee of a company or corporation of guarantees and bonds, authorized to do business in Puerto Rico, and it shall guarantee jointly and severally with the agency, up to the limit of responsibility of the bail, the payment to the workers and employees of the agency of the wages earned or of any other right or benefit to which they were entitled by law by reason of the worker-employer relationship. The amount of this payment bond will be no less than twenty-five thousand dollars ($ 25,000) for the first year of the agency's operations and no less than ten (10) percent of its annual payroll for the following years in which it continues to operate. Provided, That in the case of an agency with one (1) to four (4) employees, this payment bond shall be five thousand dollars ($ 5,000) for each employee for the first year of the agency's operations and not less than ten (10) percent of its annual payroll for the following years in which it continues operating.
The wages accrued by the workers and employees of the agency, as well as any other right or benefit to which they were creditors by law, shall enjoy absolute preference, in terms of payment, over the other debts of the agency, with the exception of mortgage loans. on real or personal property, or real rights, registered in the property registry prior to the date on which the salary, right or benefit was accrued, and with the exception of the contributions that the agency may owe to the Commonwealth or its municipalities.
Any person who has worked for an agency, in respect of which the bond required by this section has been paid and who has not been paid in whole or in part, their wages or any right or benefit to which they are entitled by law, shall have the right to urge legal action, without prior notice or requirement, against the agency, against the agency's bond or against both, in collection of the amount that may be owed for such concept.
All legal action that is filed under this section may be processed in accordance with the provisions of [32 LPRA secs. 3118 to 3132], and all claims for wages or any other right or benefit that may be owed may be accumulated in a single complaint.
Any cause of action under this section will be urged on behalf of the person or persons interested, but the Secretary of Labor and Human Resources may also sue on his own initiative, or at the request of one or more workers with interest in the matter and on behalf of and for benefit of one or more of the same that are in similar circumstances, the payment of any other right or benefit. The action may be brought in the Chamber of the First Instance or District Court corresponding to the place where the work is carried out or where the employee resides on the date of the claim. Every employee shall have the right to collect in the civil action that is established, in addition to the amounts not paid, another equal amount for additional compensation, in addition to the costs, expenses and attorney's fees, and the bond will be liable for the payment of the sentence passed up to the amount of the deposit.
If an agency begins work using employees without first having provided the payment bond required by this section, the Secretary of Labor and Human Resources may, by means of an order of Injunction issued by the competent court, stop the work of the agency , until the provisions of this section are fully complied with. This procedure will be duly notified to the Superintendent, who may intervene in it, if he so wishes.
(Amended in 1968, law 126; 1986, law 30)
Art. 8 Identification card. (25 LPRA sec. 285g)
The Superintendent will provide to every person who grants a license as a private detective an identification card, which will be renewed every year, at the time the license is renewable, and it will be carried by the private detective at all times in which he acts. as such. The aforementioned identification card will not be valid without the signature of the Superintendent.
Art. 9 Licenses for private detective agencies and security agencies for the protection of persons or personal or personal property. (25 LPRA sec. 285h)
The Superintendent will grant, upon payment of the rights required by this chapter, licenses for the operation of Private Detective Agencies or Security Agencies for the Protection of Persons or Personal or Personal Property, in the following cases:
(a) When requested by one or more private detectives with licenses granted by the Superintendent in accordance with parts (a) and (b) of the definition of "Private Detective" in this chapter.
(b) When requested by an organized corporation, according to its Certificate of Incorporation, for the purposes of operating an agency, provided that its main executive officer is a private detective licensed by the Superintendent in accordance with parts (a) and (b ) of the definition of "Private Detective" in this chapter.
(Amended in 1968, law 126)
Art. 10 Application for a license to operate an agency. (25 LPRA sec. 285i)
The request to obtain a license to operate an agency shall be made to the Superintendent in writing on the form that the latter shall provide, signed and sworn by the applicant or applicants, and shall be accompanied by sufficient proof that the requirements demanded by the [ 25 LPRA sec. 285h] of this law and that the payment bond has been provided in favor of the Secretary of Labor and Human Resources required in [25 LPRA sec. 285f] of this law.
(Amended in 1986, Law 30)
Art. 11 Agency employees. (25 LPRA sec. 285j)
Any agency that has a license may employ the people that are necessary for the operation of the agency. Anyone so employed will not have to be licensed as a private detective, but their employment with the agency will not entitle them to act as a private detective unless they are licensed as such.
Art. 12 Rights. (25 LPRA sec. 285k)
The rights to be paid to obtain a private detective license under the provisions of section (a) of [25 LPRA sec. 285c] of this law will be five (5) dollars; those of a private detective license under [25 LPRA section (b) of sec. 285c] of this law of two (2) dollars, and to obtain a license for private detective agency and security agency for the protection of persons or personal property will be twenty-five (25) dollars in each case. The licenses will expire one year from the date they were issued, and may be renewed upon payment of the same rights. The rights established herein will be paid on internal revenue stamps that will be canceled on the license. (Amended in 1968, law 126)
Art. 13 Address will be notified. (25 LPRA sec. 285l)
Every private detective and agency will notify their exact address to the Superintendent, as well as any change in it, as soon as it occurs and will keep the license in a visible place in their offices. Every agency shall inform the Superintendent in writing, no later than fifteen (15) days after his license is issued, the names of each of the employees and private detectives who work for that date for the agency. It will be the duty of every agency to notify the suspensions and income of private detectives every three (3) months, from the date they submitted their original list. (Amended in 1968, law 126)
Art. 14 Carry weapons. (25 LPRA sec. 285m)
None of the provisions of this chapter shall be understood as authorizing private detectives or agency employees to carry prohibited weapons.
Art. 15 Functions and powers of the Superintendent. (25 LPRA sec. 285n)
(1) Prepare the examinations to which all aspiring private detectives must be submitted.
(2) You may at any time investigate the identity of any person who claims to be, or announces or impersonates as a private detective and, if he understands that this chapter has been violated, will file the corresponding complaint.
(3) It shall have the power to issue, renew or deny licenses for private or agency detectives, as well as to revoke licenses that have already been issued. The Superintendent will not deny a license application or revoke a previously granted license, without prior notification to the interested party about the holding of a hearing where said party will have the opportunity to appear to present evidence, question witnesses, and present what right agree. The Superintendent will notify in writing in any case the reasons on which he bases his action or determination.
When the Superintendent denies or revokes a license, the aggrieved party may, within ten days following the date of notification of said determination, request review before the San Juan Chamber of the Court of First Instance of Puerto Rico. The review will be carried out by means of a de novo trial, and the Superintendent must submit to the Superior Court the original records of the case, within fifteen days from the date of the filing of the appeal for review.
(4) Investigate the reputation and conduct of individuals applying for private or agency detective licenses or private detective schools. These investigations will be confidential and will not be disclosed in any way.
(5) Maintain an up-to-date record of the record of every private detective, and every agency that operates in Puerto Rico, showing a complete identification of each detective and agency as well as the fingerprints of each private detective and each employee of said agencies and said registry will be available for examination by interested persons.
(6) Shall perform any other functions necessary for the administration of this chapter. (Amended in 1968, law 126)
Art. 16 Faculty to promulgate rules and regulations. (25 LPRA sec. 285o)
The Superintendent, with the approval of the Governor, shall promulgate those regulations and rules that he deems appropriate to make the implementation of this chapter more viable, subject, as applicable, to the provisions of [3 LPRA secs. 1041 to 1059].
Art. 17 Causes to revoke or refuse to renew licenses. (25 LPRA sec. 285p)
Any of the following causes will constitute a reason to revoke or refuse to renew a license:
(a) Fraud or deception in obtaining a license.
(b) Violation of any of the provisions of this chapter.
(c) That the holder of a private detective license or any member or employee of an agency be convicted of any of the crimes mentioned in [25 LPRA subsection (c) of sec. 285c] of this law.
(d) That the Superintendent determines, after investigation to that effect, that the holder of a private detective license, or some member or employee of an agency, has made use of information obtained in the course of its activities as such without the express consent of the person for whom the information was obtained, either by providing it to other people who [are not] the ones in charge of obtaining it, or by making it known privately or publicly through some means of communication.
(e) If the bond provided is declared null, or insufficient by the Insurance Commissioner, unless it is restored within thirty (30) days after notification of such fact by the Superintendent to the interested party.
(f) That there is evidence that an agency has been operating in violation of worker protection laws administered by the Department of Labor and Human Resources. To this end, the Secretary of Labor and Human Resources is required to notify the Superintendent in writing of any violation of such laws found against an agency. (Amended in 1986, Law 30)
Art. 18 Prohibition to disclose information. (25 LPRA sec. 285q)
No person who is or has been a private detective, or employee of a private detective, or member or employee of an agency, shall disclose privately or publicly the information that comes to their knowledge in the course of their work without the express written consent of the person who hired the services of said person or agency, except for all information related to the commission of public crimes and cases where it is required to do so by law.
Every private detective and any agency that, in its capacity as employer, has on its staff any official, employee, or director who violates the provisions of this section, must supply, without any responsibility on their part, the Superintendent of Police or any of its officials or subordinate employees that it designates, all the facts and circumstances in connection with the transaction or action that is presumed in violation of this section, and the Superintendent shall practice, by himself or by his authorized representative, as many inquiries or investigations as necessary , if such facts or circumstances so require, and submit all the evidence resulting therefrom to the Secretary of Justice for the corresponding action.
Art. 19 Use of dogs, prohibited. (25 LPRA sec. 285r)
Private detectives and agencies covered by this chapter may not use trained dogs in the performance of the services defined in [25 LPRA sec. 285a] of this law.
Art. 20 Prohibition of provision of services. (25 LPRA sec. 285s)
Private detectives and agencies covered by this chapter may not provide the services defined in [25 LPRA sec. 285a] of this law, in cases involving conflicts between workers, or between workers and employers, or in those cases where a petition for election has been filed. Nor may they provide said services to any employer with whom a labor organization has entered into a collective agreement for the provision of the same services, or when, having expired a collective agreement, the parties are conducting negotiations for the signing of a new agreement.
The declaration of private detectives on facts of which they become aware as a result of services rendered in violation of the prohibition established in this section will not be admitted in court; nor the oral declaration of any person who has acted, upon acquiring knowledge of the facts on which he declares, as agent, agent or collaborator or by instructions of private detectives; nor any documentary or objective evidence acquired under the same conditions.
Art. 21 Private detectives not resident in Puerto Rico. (25 LPRA sec. 285t)
Notwithstanding the provisions of this Chapter, the Superintendent may authorize any person not resident in Puerto Rico who proves to be a licensed private detective in any state, territory, or possession of the United States, to be temporarily engaged in the occupation of Private Detective in Puerto Rico for the sole purpose of fulfilling a specific mission. Such authorization will be given free of rights.
Art. 22 Private Detective Schools - License. (25 LPRA sec. 285u)
(a) No person shall operate a detective school if he is not authorized by means of a license to such effect issued by the Superintendent. This authorization will be granted upon payment of fifty (50) dollars per year.
(b) Every person who operates said school must be of legal age, of sufficient moral solvency to dedicate himself to said teaching and have the instructional team and adequate academic preparation for teaching subjects related to the protection or occupation or business of detectives. private and meet the other requirements that the Superintendent requires by regulation. People who as instructors work in these schools must also meet the aforementioned requirements and also have skill and experience in such teaching.
Art. 23 Operation. (25 LPRA sec. 285v)
All instructions will be made under the supervision of the Superintendent, who shall determine and promulgate through regulations in accordance with the procedure established in [3 LPRA secs. 1041 to 1059], the requirements and conditions that in his opinion should govern the operation of the aforementioned schools.
Art. 24 Cancellation of licenses. (25 LPRA sec. 285w)
Any license granted by the Superintendent pursuant to the provisions of [25 LPRA sec. 285u] of this preceding law will be canceled [if] the person who operates the private detective school, or his instructors or employees, does not comply with the requirements expressed in said section or in the regulations promulgated by the Superintendent.
(Amended in 1968, law 126)
Art. 25 Procedure for cancellation. (25 LPRA sec. 285x)
When the Superintendent determines that the cancellation of a license for the establishment and operation of a private detective school under the provisions of this chapter shall proceed, he shall notify the person whose license is canceled in writing, giving the reasons for it. Said person may, within twenty (20) days following the notification of the action of said Superintendent, request an administrative hearing, in order to oppose the action of the Superintendent. The petitioner will be notified of the date of the hearing at least eight (8) days before it is held, which will take place within twenty (20) days of the request. The Superintendent will issue and notify his decision regarding the allegations and evidence presented at the administrative hearing on a date that will not be later than twenty (20) days after the end of the same. The petitioner may request reconsideration of the Superintendent's decision if it is adverse, within twenty (20) days following the date on which he was notified of it. This request for reconsideration will be resolved by the Superintendent within twenty (20) days following the date on which it was filed by the petitioner and if such reconsideration is denied, he may appeal to the Chamber of the Court of First Instance of Puerto Rico that Corresponds to the Complainant's residence with a request for review within twenty (20) days following the date on which the denial of the administrative reconsideration was notified. A copy of the petition to the Court of First Instance requesting the review of the administrative decision, will be notified to the Superintendent who will submit to the court, within the period established by the latter, the file of the administrative procedure, including the transcript of the verbatim record of the hearing. , at no cost to the appellant. All administrative hearing notice, Superintendent's decision, and request for reconsideration of the Superintendent's decision will be in writing. The notifications that the Superintendent must make will be perfected when they are deposited in the mail addressed to the last known address of the petitioner.
Art. 26 Exceptions to section 285u. (25 LPRA sec. 285y)
The provisions of [25 LPRA sec. 285u] of this law shall not apply to public or private schools recognized by the Department of Instruction, which offer in their curriculum, courses for the teaching and preparation of private detectives.
(Amended in 1968, law 126)
Art. 27 Exemptions. (25 LPRA sec. 285z)
(a) All those persons who have belonged to any of the divisions of the police corps of the Commonwealth of Puerto Rico or of any State of the Union that have served for a term of not less than eight (8) years or to any Corps Investigators assigned to the police, or who have belonged to the Federal Bureau of Investigation (FBI), and who have been honorably discharged from said Corps, shall be entitled to be issued a private detective license, provided they comply with all requirements demanded in the [25 LPRA sec. 285c] of this law, except as provided in subsections (f) and (k) of this section. The request must be sworn before an official authorized to take oaths in Puerto Rico and the name and surname of the applicant shall be stated therein; date and place of birth; residence site; time that you have resided in Puerto Rico and the time and places where you have practiced as a private detective.
(b) Those private detectives not resident in Puerto Rico who prove to be private detectives authorized to exercise their occupation in any state, territory or possession of the United States of America, may be authorized by the Superintendent to exercise temporarily in Puerto Rico to the sole purpose of fulfilling a specific mission; Such authorization will be granted free of payment of rights. (Amended in 1968, law 126)
Art. 28 Penalty. (25 LPRA sec. 286)
(a) Any person who operates a private detective school, without being authorized by the Superintendent, shall incur a less serious crime, and if convicted, he shall be punished with the payment of a fine of not less than one hundred (100) dollars or more than five hundred (500 dollars.
(b) Any person authorized to operate said school who violates the provisions of the regulations promulgated by the Superintendent to that effect, will commit a less serious and convicted crime than a fine of not less than twenty-five (25) dollars or more. one hundred (100) dollars.
Art. 29 Destination of the funds. (25 LPRA sec. 286a)
All funds from the sale of internal revenue stamps that are canceled by the Superintendent, in accordance with Articles 12 and 21 [art. 22] of this law, will enter the General Fund of the State Treasury.
Art. 30 Penalties. (25 LPRA sec. 286b)
Any person who violates any of the provisions of this chapter; or who is engaged in the occupation of a private detective, or who operates an agency, without being authorized to do so by license issued to him pursuant to this chapter; or falsely posing as a private detective or agency employee; or to disclose information in violation of the provisions of [25 LPRA sec. 285q] of this law; and any person who employs the services of a private detective or agency, knowing that such detective or agency does not possess a license issued in accordance with this chapter, will be convicted of a less serious crime (misdemeanor), and convicted, will be sentenced to pay a fine of not less than one hundred (100) dollars or more than six (6) months, or both penalties, fine and imprisonment, at the discretion of the court.
Art. 31 Qualification clause. (25 LPRA sec. 286c)
The provisions of this chapter shall not be applicable to any detective or member of the Puerto Rico Police appointed in accordance with the law; nor to any person employed by the Puerto Rico Police while in the performance of their official duties as such; nor to any magistrate or lawyer in the regular practice of their profession; nor to any person whose business is to provide information regarding the business and financial status and credit of natural or legal persons; nor to any person who investigates for himself any matter in which said person is an interested party.
Neither shall the provisions of this chapter apply to public insurance adjusters, nor to watchmen, watchmen, who are dedicated to such trades or occupations in private companies or in public or industrial or commercial establishments and agricultural.
Art. 32 Regulations. (25 LPRA sec. 286d)
The regulations approved by the Superintendent will be adopted after holding the corresponding public hearings by said official in which all persons interested in them will be heard.
Said regulations shall take effect once they are filed with the State Department pursuant to the [3 LPRA secs. 1041 to 1059], and the Governor, by proclamation, fix the effective date.
Art. 33 Uniforms. (25 LPRA sec. 286e)
It is prohibited for any person who works for a security agency as a security guard to use uniforms or insignia that in terms of color and combination of outerwear are the same or similar to those worn by members of the Puerto Rico Police . It being understood that every person who works for a security agency will be subject to the sanctions provided in [25 LPRA secs. 3101 to 3139] of this law related to the use of insignia or uniforms similar to those of the Puerto Rico Police. (Added as art. 33 in 1996, law 110)