- Entrou
- Jun 9, 2010
- Mensagens
- 823
- Reaction score
- 8
- Pontos
- 18
- Localização
- Украина, Харьков
- Website
- odin-detective.uaprom.net
How to become a Private Investigator in Slovenia according to Law
________________________________________
THE CODE OF PROFESSIONAL ETHICS
I recognise the badge of my profession as a symbol of public confidence, that I receive from the Chamber of Detectives of the Republic of Slovenia into my guardianship. I will protect it for the entire period of my loyalty to the ethics of the detective activity. I will always strive to meet this objective and the ideals of my chosen profession and to be a respectable
DETECTIVE
I DECLARE :
I will perform all professional duties of a detective in accordance with the highest moral and ethical standards and I will never do anything wilfully, what could tarnish the reputation of detective profession or the Chamber of the Detectives of the Republic of Slovenia which honoured me with granting of a detective licence.
I, as a detective will not judge the work of other detectives and shall not in any way do anything what could tarnish the reputation of other detectives and detective companies.
I will inform my clients prior to entering a contract about my possibilities and restrictions that I have as a detective, and I will not promise a success to my client, if I knew that the success is questionable or may not be achieved.
I will do all and any inquiries within the frames of order, legitimacy, morality and detective professional ethics.
I will respect mutual agreements as if they were written.
I will not advice my clients to take any illegal or unethical procedures or actions.
I will respect the privacy of my clients, I will not betray their trust and I will keep their secrets as if they were my own.
My guidelines for achieving success shall be the truth, expert knowledge, conscientiousness and deliberateness.
I will report to my clients about the findings (data, information and results of the investigation) with regards to the case I have accepted.
I will inform my clients of favourable and unpleasant facts.
I will convey my clients the latest and as accurate information as possible and within the financial frames and time set out by the client.
My reports shall be correct, truthful, accurate and as complete as possible.
I will not convey the data and information to any other detective, if the nature of information is such, that giving the information could harm the interests of my client, with which I have or have had a business relationship.
I will make a realistic evaluation /quantity and pretentiousness/ of my business and the costs relating to my work in a single case and shall, due to the difficult situation of my client, not seek the advantage for me, that would exceed the value of my work and (justified) expenses.
I will all the time try to improve my professional skills, my general knowledge and my education.
I recognize the Arbitration Board of Honour of the Chamber of Detectives of the Republic of Slovenia as the arbiter in my above stated actions and procedures
________________________________________
HOW TO BECOME A PRIVATE INVESTIGATOR
The Law on Private Investigating Activity states that private investigating activity may be performed by authorised persons holding a private investigator's licence.
The licence is issued to a candidate by the Private Investigation Chamber under the following conditions:
1. that the candidate has citizenship of the Republic of Slovenia;
2. that the candidate has finished a two-year post-secondary or professional higher education institution, and has passed an examination;
3. that the candidate has not been convicted of a crime of intent bound to be prosecuted;
4. that the candidate has not performed an authorized official function within the Ministry of the Interior or intelligence agencies in the last two years.
The examination test (item 2 in the above paragraph) is administered before the board of examiners consisting of two representatives of the Chamber and two representatives of the Ministry of the Interior.
If the criminal proceeding for the crime of intent bound to be prosecuted is conducted against the candidate for a private investigator, the decision whether the candidate fulfils the conditions to acquire the licence is postponed until after the final judgement in the proceeding.
This is what the law says. However, behind these tedious definitions lots of things are hidden. It is not enough to want to become a private investigator. And it is not enough to understand the contents of all 3,869 or so articles in different laws which a private investigator should know and which represent the compulsory material for the examination. It is not enough to pass a very difficult exam before a very strict but fair board of examiners and it is also not enough to finally acquire your private investigator licence. These are only the conditions to start work as a private investigator.
You will only become a private investigator if you perform your private investigating duties effectively. To be effective, you will need suitable personal characteristics and lots of additional skills and experience which are not defined by the law or any regulation on an examination.
Someone who intends to perform private investigating activities, needs a vision, clearly set goals, and an idea of what he/she is going to accomplish as a private investigator. He/she also needs to have business sense and should have a command of at least basic knowledge of the economy and business.
Someone who believes that the clients will come simply because he/she has acquired a private investigator's licence and advertised their services in the public media will soon realise that this is not enough. Furthermore, it is not realistic to expect that a peer, a private investigator who is already performing his/her job, will introduce a new one to the business. The job of a private investigator is very sensitive and this is why the majority of investigators do not disclose their orders and the way they work. Generally, "old hands" do not want to work with probationers.
However, efficiency in the profession can be achieved by those only who possess comprehensive knowledge of a specialized field and have good connections and a network of partners in all professions and in all spheres of public administration and economy. Private investigating is inquiring and the inquiry always begins and ends with good partners. A beginner can, therefore, get a job most easily with the help of his/her acquaintances if they occupy managing positions in for profit companies.
A private investigator should be meticulous. He/she has to know the psychology of people and the way they react. If he/she is not communicative there is not a strong chance of success in this business. He/she should be persistent. He/she should know more about criminalistics than required by the board of examiners. He/she should be capable of empathy and also be intuitive enough to guess when somebody is ready to answer the questions or when somebody is lying …
A private investigator needs to master all techniques of visual documentation of evidence material this ranges from microphotographing to videorecording). He/she should know how to save and document the evidence material and what is important for specific kinds of inquiries.
A private investigator has no working hours and no regular salary. The job must be done no matter what time of the day or week, even on Christmas Eve or New Year's Eve, on Sundays and holidays. Anyone who still believes that his/her future is in this interesting but very demanding activity, can get detailed information about the examination and how to acquire a licence from the Private Investigation Chamber of the Republic of Slovenia.
A beginner can also find some guidelines for work in specialized professional literature.
________________________________________
Official Gazette No 7 dated 23rd January 2003
LAW ON PRIVATE INVESTIGATING ACTIVITY
PRIVATE DETECTIVE ACT
I. GENERAL PROVISIONS
Article 1
This Act shall regulate the private detective activity and conditions governing of pursuit of detective activities.
Article 2
The detective activity shall be carried out by detectives as a liberal profession. Detectives may practice their profession individually or within a detective company in accordance with the provisions of this Act.
The provisions of this Act pertaining to detectives as individuals, shall also apply to detective companies unless otherwise provided by this Act.
Article 3
Detective activity under this Act shall consist of the gathering and conveying of information obtained in accordance with the rights granted to detectives hereunder.
II. THE CHAMBER OF DETECTIVES
Article 4
Detectives in the territory of the Republic of Slovenia shall have a compulsory membership in the Chamber of Detectives of the Republic of Slovenia (hereinafter: "the Chamber").
Article 5
The Chamber shall perform the following tasks:
1. grant and withdraw detective licences,
2. in agreement with the Ministry responsible for Internal Affairs lay down the programme of certification exam for detective practice, as well as the method of knowledge assessment referred to in Article 8 of this Act.
The Chamber shall also conduct the following functions:
1. monitor and discuss the work of its members;
2. adopt a Code of Professional Ethics and measures against its violation;
3. keep a register of detectives;
4. perform other tasks determined by its Statute and provisions of national bodies;
5. supervise the work of its members;
6. determine the design of the identification card referred to in Article 14.
The Chamber shall perform the tasks referred to in Paragraph 1, Items 1 and 2 of this Article as public authority.
The chamber shall render a decision on granting or withdrawing a licence referred to in Paragraph 1 of this Article in an administrative procedure.
The applicant for the detective licence and the detective respectively, has the right to appeal against the Decision referred to in the preceding Paragraph. The Ministry responsible for Internal Affairs shall render a decision on the appeal within 30 days.
The Decision issued in the procedure of granting or withdrawing a licence, shall be submitted to the Ministry responsible for Internal Affairs within 15 days from the date on which it was issued.
Article 6
The Chamber shall provide funds for the implementation of public authorities and its other tasks from:
• membership subscription;
• performing of other tasks laid down by Statute;
The Chamber shall determine the base, amount and mode of membership subscription payment by the Statute.
Article 7
The Chamber shall have the quality of a legal person.
The Chamber shall adopt a Statute, which shall lay down its organization, its bodies and their competences.
The Government of the Republic of Slovenia shall give consent to the part of the Chamber's Statue, pertaining to the execution of its public authority.
III. PERFORMANCE OF DETECTIVE ACTIVITY
Article 8
Detectives shall gather the information, on the basis of written contract for performing detective services for the client and the power of attorney signed by the client, indicating the field of gathering information referred to in Art. 9 of this Act, the object of gathering information and the scope of authorization. For the purpose of practising the detective activity, the detective shall have a licence which may be issued at his request by the Chamber, provided that the detective satisfies the following conditions:
1. the detective shall have the citizenship of the Republic of Slovenia;
2. completed college or higher education and passed detective certification exam;
3. the detective shall not be convicted of intentionally committed criminal offence, which is subject to prosecution ex officio;
4. that the detective held no post of authorized officers at the Ministry of the Interior or intelligence and security services in the past two years;
5. the detective shall be proficient in Slovene;
6. the detective shall be trustworthy for performing a detective activity.
The knowledge assessment referred to in Paragraph 2 of the preceding Article, shall be carried out in front of a commission composed of:
• two representatives of the Chamber,
• two representatives of the Ministry of the Interior.
The applicant does not satisfy the condition referred to in Item 6, Paragraph 1 of this Article, if he had been convicted for the criminal offence and the conviction had become final and absolute and he is due to the criminal offence morally not worthy of being a detective.
If the applicant for a licence or a private detective is a subject to criminal proceedings for intentionally committed criminal offence, which is subject to prosecution ex officio, the decision whether the applicant satisfies the conditions for the granting of a detective licence shall be postponed until the decision in such proceedings becomes final and absolute.
Article 9
The detective may obtain the information directly from the persons to which such information relates, as well as from other persons in the possession of such information, provided that they are willing to give it of their own accord, and from the mass media and only on:
• the missing or hiding persons, debtors, authors or senders of anonymous letters, and persons responsible for material or non-material damage;
• whereabouts of stolen or lost objects;
• evidence required for insurance or proving of rights and entitlements of individual parties before judicial and other authorities and organizations deciding on such rights in the proceedings;
• loyalty of employees with regards to the compliance with the competition clause provision;
• performance and effectiveness of legal persons;
• criminal offences that are prosecuted by private actions and on the perpetrators of such criminal offences;
• employment candidates, within the limits of the powers conferred upon by the employment candidate.
The detective, when gathering information referred to in preceding Paragraph, shall inform the person, that the information is given voluntarily.
The detective has the right to perform the counselling for natural and legal persons in order to prevent criminal offences and other harmful activities.
Article 10
Based on the proof of acceptance of a particular assignment, for the accomplishment of which the detective shall obtain certain information from the records, the database manager shall convey the detectives the information from:
• records on registered vehicles: registration number, owner’s and vehicle’s data,
• resident population records or central population records: permanent and temporary residence information,
• insured persons records: employment data (employer, workplace),
• Slovene ship’s register and aircraft register – information of vessels and owners.
Detectives shall be entitled to examine court and administrative records, if the giver of the authority has such a right himself.
For the purpose of obtaining the information under this Article, the person to whom the requested information relates, needs not be previously informed that the information shall be gathered about the person pursuant to the provisions of the preceding Article. As the evidence from the Paragraph 1 of this Article shall be considered the contract between the detective and the client and a written power of attorney referred to in Art. 8, Paragraph 1 of this Act.
Article 11
In the protection and disclosure of information obtained on the basis of Art. 9 and 10 of this Act, the detective shall act in accordance with the provisions of Personal Data Protection Act. The Minister responsible for Internal Affairs, shall determine the scope and means of protection of personal data referred to in preceding Paragraph, which the detective has to satisfy.
Article 12
The Detective shall be bound to secrecy in matters entrusted to him.
The information and data referred to in Art. 9 and 10 of this Article, gathered by a detective for his client, shall be considered business secrecy and shall not be disclosed to the third party. The detective shall preserve secrecy even after he had conducted and finished the detective service for the client.
If during their assignment the detective gets the information about a criminal offence, which is subject to prosecution ex officio, the detective shall inform the competent authority thereof. The detective shall hand over to the client all and any data gathered within the framework of the contract.
Article 13
The detective shall not perform any tasks, for which the police and judicial authorities are authorized by law (such as debt collection from natural and legal persons). In the performance of their tasks, detective shall not employ methods and resources, which are pursuant to the law, used by authorities of the state.
The detective shall not provide any services to local and foreign security agencies, state authorities and political parties.
The detective may obtain and bear firearms in accordance with the Firearms Act.
Article 14
The detectives shall have a detective identification card issued by the Chamber. When referring to the powers conferred on him by this Act, the detective shall identify himself by showing their detective identification card to the person concerned. At any rate, the detective shall produce the identification card at request of the Inspector for Private Protection or the policeman.
Article 15
The detective licence shall be revoked by the Chamber, if:
• it is established that the data and the evidence on the basis of which the licence was issued, were false or falsified;
• the detective is convicted of premeditated criminal offence, which is prosecuted ex officio, and sentenced to imprisonment exceeding six months, provided that the judgment became final and absolute;
• no longer satisfies the conditions laid down by the Act;
• becomes permanently incapable of performing the detective activity;
• loses his contractual capacity;
• the safety or protection measure of prohibition of performing the detective activities was imposed on the detective;
• the Arbitration board of Honour reaches a definitive conclusion that the licence shall be revoked due to the disciplinary violation.
The validity of the licence shall expire in case of a detective's:
• death,
• written statement that he no longer wishes to carry out detective activity.
The Court shall out of official duty inform the Chamber about the final conviction referred to in line 2, Paragraph 1 of this Article.
Article 16
In cases from the preceding Article, the detective or his statutory representative shall return their licence and identification card to the Chamber.
III.A PERFORMING A DETECTIVE ACTIVITIES BY FOREIGN DETECTIVES IN THE REPUBLIC OF SLOVENIA
Article 16a
A detective from the EU Member State, who acquired the right for performing the detective activities in home country, may under the terms laid down by this Act, perform the following activities in the Republic of Slovenia:
• detective activity under the title “detective”;
• detective activity under the title obtained in his home country;
• detective services.
The home country is the country in which the detective has the right to perform the detective activity under the professional title, acquired under the rules of his home country.
The detective from the EU Member State under this Act is a detective, who has the right to perform the detective activity in any of EU Member States under the professional title, acquired under the rules of this country.
The provisions of this Act concerning the detective from another EU Member State, shall also apply for the detective company from EU Member State, or other forms of joint detective activities.
Article 16b
The detective from EU Member State, may under the condition of reciprocity, conduct the detective activities in the Republic of Slovenia under the title “detective”, with all rights and obligations thereof, if the detective satisfies the conditions referred to in Art. 8, Items 2 to 6 and if he passes the examination in understanding the legal order of the Republic of Slovenia.
The detective from the preceding Paragraph, shall, to the application for the detective licence, enclose the citizenship certificate, the certificate, that he has the right to conduct the detective activity in his home country and other evidence with which he proves that he satisfies the conditions from the preceding Paragraph.
The compliance with requirements referred to in Art. 8, Paragraph 1, Items 2 to 4 of this Act, shall be proved through certificates issued under the Rules of the detective’s home country. The certificates shall be presented in officially certified translation into English and Slovene.
The knowledge assessment of understanding the legal order of the Republic of Slovenia, shall be carried out in front of a commission referred to in Art. 8 of this Act. The Chamber shall together with the Minister responsible for Internal Affairs, lay down the scope and method of knowledge assessment of understanding the legal order of the Republic of Slovenia, with the programme of the detective examination.
The Chamber shall, in agreement with the Ministry responsible for Internal Affairs, grant to the detective referred to in Paragraph 1 of this Article, the licence with the title “detective”, with all rights and obligations that a detective has according to this Act, and the detective identification card, pursuant to Art. 14 of this Act.
Article 16c
The detective from the EU Member State, may in the Republic of Slovenia conduct the detective activity under the professional title acquired in his home country, if he furnishes proof, that he has the right to perform the detective activity in his home country.
The detective shall enclose to the application from the preceding Article, the citizenship certificate and notification or evidence of a possible membership in a Chamber of Detectives or Detective Association in his home or any other country.
The evidence referred to in Paragraph 1 and 2 of this Article, shall be submitted in certified official translation into English and Slovene.
The Chamber shall notify the competent authority of the detective’s home country on the taking-up the detective’s activity.
The detective referred to in Paragraph 1 of this Article, shall pursuit the detective activity de facto and permanently, under the professional title of his home country, expressed in the official language or in one of the official languages of his home country, with the indication of the authority, which registered him in his home country.
Article 16d
The detective referred to in Art. 16b of this Act shall have a compulsory membership in the Chamber and has the right to vote and to be elected in the Chamber’s bodies and to take an active part in the Chamber’s activities in accordance with the Statute.
The Chamber shall register the detective referred to in Art. 16b and 16c of this Act in the record set out in Art. 23 of this Act.
Article 16e
The detective from the EU Member State, not recorded in the foreign detective’s register on the basis of Art. 16b and 16c, may conduct the particular detective activity that falls within the frame of detective activity pursuant to Art. 9 of this Act.
The detective from the preceding Paragraph, shall prior to taking up the single activity, notify in writing the Ministry responsible for Internal Affairs thereof and submit the certificate of registration with the competent authority in his home country and the power of attorney granted to him by the client; Paragraphs 2 and 3 of the Art. 16b of this Act shall apply by analogy. In his notification he shall set out the address, or appoint the representative for service of mail in the Republic of Slovenia.
On the basis of the notification and the evidence from the preceding Paragraph, the Ministry responsible for Internal Affairs shall issue to the detective referred to in Paragraph 1 of this Article, the certificate on notification of taking up a single detective activity and shall send a written notification thereof to the Chamber.
At the request of the Inspector for Private Protection or of the Policeman, the detective from the preceding Paragraph has to submit the certificate, that he has the right to perform a single detective activity that falls within the frame of detective activity pursuant to Art. 9 of this Act.
Article 16f
The detective from the preceding Article, shall comply with the rules of professional practice, which are valid for the detectives in the Republic of Slovenia. While conducting a single detective activity, the detective referred to in Art. 16e, shall use the professional title of his home country, expressed in official language or one of the official languages of his home country, together with the indication of the professional organisation which gave a consent for pursuing the detective activity in his home country.
Article 16g
The detective from another country that is not an EU Member State, may under the condition of actual reciprocity, perform the detective activity or a single detective activity in the Republic of Slovenia.
IV. DETECTIVE COMPANIES
Article 17
Detective company shall be legal person and shall be set up in accordance with the Companies Act as a personal company. (hereinafter: "detective company").
Article 18
The setting up and operation of a detective company shall be governed by company law regulations unless otherwise provided by this Act.
Article 19
The activity of a detective company shall be restricted to the exercise of detective profession.
At least one partner of the detective company shall have a licence for pursuit of detective activity, issued by the Chamber. The business conduct of the detective company shall not be entrusted to a person who is not a detective. The activity of the detective company, may only be conducted by a detective with a licence for the pursuit of a detective activity.
Article 20
The application for registration of a detective company in the court register shall be accompanied by the Chamber's approval.
The issue of the approval may be denied only if not all conditions for the establishment and operation of detective company stipulated by the law, have been satisfied.
The approval from the Paragraph 1 of this Article shall be issued by the Chamber's supreme body, determined by the Statute. The approval shall be considered to have been granted, if the applicant receives no answer within two months after the application had been filed.
Article 21
If certain conditions of organization and operation of detective company are not in accordance with this Act, the detective company shall be wound up.
The winding up of a detective company for reasons from the preceding Paragraph shall be determined by the court on the proposal of the partners or of the Chamber. Before taking the decision on the winding up of the detective company, the court shall give the detective company a time limit of not more than six months within which its organization and operations should be brought into line with the provisions of this Act.
V. INSPECTION
Article 22
Supervision over the implementation of this Act and provisions of this Act, shall be the responsibility of the Ministry responsible for Internal Affairs.
Within the Ministry responsible for Internal Affairs, the inspections shall be carried out by Inspectors for Private Protection (hereinafter: “Inspector”).
The Inspector shall independently carry out the inspection, issue decisions and conclusions in the administrative procedure, for which he is authorized.
The Inspector shall independently supervise the implementation of provisions in the field detective activity; the inspector shall:
• check the existence and validity of detective licences;
• check the existence and subject matter of the registers, which the detective has to keep;
• carry out the inquiries on forbidden activities;
• carry out the inquiries with regards to the information security, with regards to information obtained by detective while conducting a detective activity or in respect thereof;
• cooperate with state authorities and organizations and organizations having the public authority, while conducting the inspection.
The Minister responsible for Internal Affairs prescribes the methods of inspections in the field of detective activity.
Unless otherwise determined by this Act, for the Inspector and the inspection the provisions of the law, laying down the inspections and the provisions of the Administrative Procedure Act shall apply.
Article 22a
The Inspector shall have high or university education in social or legal branch, at least five years of corresponding work experience and professional examination for the Inspector. The Inspector shall demonstrate his authorization for inspection control with the official card, issued by the Minister responsible for Internal Affairs. The Minister responsible for Internal Affairs shall lay down the form and the procedure for the issue of the official cards. The Minister responsible for Internal Affairs shall prescribe the scope and method of professional examination for the Inspector.
Article 22b
The Inspector has beside the general authorization stipulated by the Act governing the inspection control, also the following rights and duties: He shall:
• impose a deadline for the elimination of deficiencies or irregularities in performance of the detective activities;
• propose the withdrawal of a licence, if the detective no longer satisfies the conditions determined by the law, or if the detective fails to eliminate the ascertained irregularities or deficiencies within given period of time;
• propose to the Chamber the Initiation of procedure for the establishment of the disciplinary responsibility;
• propose to the competent authority to enact certain measures;
• impose on-the-spot fine in the events laid down by this Act or propose the institution of the violations procedure in accordance with this Act;
• file a criminal information to the competent authorities, for the criminal offences which are prosecuted ex officio.
Against the Decision issued by the Inspector referred to in line 1 of the preceding Paragraph, an appeal may be submitted to the Minister responsible for Internal Affairs, within 15 days from the day the Decision had been served. The appeal against the Decision shall not delay its execution. The Minister responsible for Internal Affairs, shall render a decision on appeal within 30 days from the date the appeal was filed.
VI. RECORDS
Article 23
The Chamber shall keep and maintain the following records:
• the records of detectives, citizens of the Republic of Slovenia;
• of foreign detectives, which have the right to pursue the detective activity in the Republic of Slovenia under the professional title ”detective”;
• of foreign detectives, which have the right to pursue the detective activity in the Republic of Slovenia under the professional title of their home country.
The Chamber shall upon written request of the Ministry, responsible for Internal Affairs, submit the information from the record of detectives.
Article 24
The record of detectives shall include the following information:
• name and surname;
• day, month and year and place of birth;
• citizenship;
• permanent or temporary residence;
• education;
• occupation;
• employment;
• date of the passed examination before the commission from Article 8 hereof; or the knowledge assessment date of the understanding the legal system of the Republic of Slovenia before the commission from Article 8 hereof;
• date and number of the licence;
• date and number of the detective identification card;
• date of withdrawal of the licence;
• date of withdrawal of the detective identification card.
The records of foreign detectives with the right to perform the detective activity under the professional title from their home country, shall include the data from the lines 1-7 of the preceding Paragraph, the licence number and the information of the authority that issued the licence and detective identification card.
Article 25
The information from the preceding Article shall be gathered directly from individuals to whom they relate.
The gathering and conveying of personal data gathered in accordance with the provisions of the preceding paragraph of this Article and are not regulated by this Act shall be governed by the provisions of the Personal Data Protection Act.
Article 26
Detective shall keep the following records:
• record of contracts for detective services;
• record of gathered information;
• record of filed criminal information.
Article 26a
The records from the preceding Article of this Acts shall include following data:
• customer’s information (name, surname, address of the physical person or firm and head office of the legal person); information on the contract for detective services (serial Number of a Contract, date of concluding a contract and date of fulfilment of a contract); field of gathering information (note of field of gathering information as referred to in Art. 9 of this Act and description of the detective service or subject matter of the contract); authorization data: (serial number of the authorization, date and scope of authorization); date of fulfilment of the contract;
• records on gathered information; sort of gathered information (field of gathered information, data on single information; individual’s information (name, surname, address of permanent or temporary residence); legal person’s information (firm and the head office of legal person); other data relating to certain information;
• records on filed criminal information: criminal information data, for the criminal offences which are prosecuted ex officio (addressee, information date); known information on criminal offence;
Article 26b
The individual is entitled to take an insight into his the records referred to in Art. 26 of this Act immediately after the records are established. Detective shall submit the records for inspection to the Chamber or the Ministry responsible for Internal Affairs at their request.
The Chamber and the Ministry responsible for Internal Affairs, shall protect the personal data from the Art 26 of this Act according to the law and may use them only during the supervision carried out under this Act.
Article 26c
Individual data from the records shall be kept:
• data from the records referred to in Art 26 Item 1 of this Act, shall be kept for five years after the contract had been fulfilled;
• data from the records referred to in Art 26 Item 2 of this Act, shall be kept until the fulfilment of the contract;
• data from the records referred to in Art 26 Item 3 of this Act, shall be kept for five years after the final criminal information had been filed.
After the expiry of time limits from the preceding Paragraph, the detective shall put the records in the archive, save the data from the records of gathered information, which shall be handed over to the customer, when the contract is fulfilled.
Article 27
Personal data shall be kept in the records until the withdrawal of individual detective licences.
After that, the records from Article 24 hereof shall only include the name, address and detective licence withdrawal.
VII. PENAL PROVISIONS
Article 28
Detective shall be fined with at least 150.000 SIT if he:
1. performs detective activity without a written contract concluded with a client or without the written power of attorney granted to him by a client (Article 8, Paragraph 1);
2. gathers information he is not entitled to (Article 9, Paragraph 1);
3. does not inform the person in advance that the information shall be given voluntarily (Article 9, Paragraph 2);
4. fails to secure the information in a scope and in a way as laid down by the Minister responsible for Internal Affairs (Article 11, Paragraph 2);
5. does not protect the obtained data as a business or professional secret (Article 12, Paragraph 1 and 2);
6. acts contrary to the Art 13 of this Act;
7. fails to identify himself with a detective identification card (Article 14);
8. does not keep the obligatory records (Art. 26).
The violation from the Items 1. 2, 5, 6 and 8 of the preceding Paragraph, may also entail a security measure of prohibition of pursuing a detective services for a period from 3 months to 1 year.
The detective shall be fined with 100.000 SIT on –the-spot, for the following violations:
1. if he fails to inform the competent body on a criminal offence which is subject to prosecution ex officio (Article 12, Paragraph 3);
2. if he fails to eliminate the irregularities within the period of time set out by the inspector( Art. 22b, Paragraph 1, line 1);
3. if he fails to submit the records at the Chamber’s of Inspector’s request (Art. 26b, Paragraph 2).
With the fine of minimum 100.000 SIT shall be punished any individual who performs detective services without a detective licence (Art. 8, Paragraph 1).
With the fine of minimum 100.000 SIT shall be punished any foreign detective performing detective services contrary to provisions of Chapter III A of this Act.
The Private Detective Act (Official Gazette of the RS, No 32/94) comprises the following transitional and final provisions.
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 29
Companies registered for the performance of detective activity shall bring their organization and operations into line with this Act and obtain the necessary licences under this Act within one year after the enforcement of this Act.
Article 30
The Chamber shall be established in accordance with the provisions of this Act within one year after its enforcement and shall within six months after its establishment lay down the knowledge assessment programme, the professional code of ethics, the detective identification card design and shall set up the records from Article 5 of this Act.
Before the Chamber becomes operational, its tasks from Items 1. and 2. of the first Paragraph and Items 3., 5. and 6. of the Paragraph 2 of Article 5 hereof shall be carried out by the Ministry of the Interior.
Article 31
This Act shall come into effect on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Private Detective Act (Official Gazette of the RS, No 96/2002) comprises the following transitional and final provisions
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 20
The officials of the Ministry responsible for Internal Affairs, who conducted the inspection of the implementation of the Private Detective Act, shall carry on with their work until the appointment of the inspectors, however not longer than 2 years from bringing this Act into force.
Until the provision from the Art. 22 a, Paragraph 2, of this Act, are issued, the inspector shall identify himself with the power of attorney granted by the Minister responsible for Internal Affairs.
The Chamber of Detectives of the Republic of Slovenia shall bring into line the Statute and other acts with this Act within six months after the enforcement of this Act.
The Minister responsible for Internal Affairs shall issue the provisions from Art. 11, Paragraph 2, Article 22. Paragraph 5 and Art. 22a, Paragraphs 2 and 3, within 6 months after the enforcement of this act.
Article 21
The provision of Art. 2 of this Act shall apply on the twelfth month after the enforcement of this Act.
The provisions of Art. 16a to 16e and Art. 23, lines 2 and 3 of the Act, referring to the records of foreign detectives, shall apply on the day of accession of the Republic of Slovenia to EU.
Article 22
This Act shall come into effect on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
Chairman of the National Assembly of the Republic of Slovenia
Borut Pahor
Источник - Official Gazette No 7 dated 23rd January 2003
________________________________________
THE CODE OF PROFESSIONAL ETHICS
I recognise the badge of my profession as a symbol of public confidence, that I receive from the Chamber of Detectives of the Republic of Slovenia into my guardianship. I will protect it for the entire period of my loyalty to the ethics of the detective activity. I will always strive to meet this objective and the ideals of my chosen profession and to be a respectable
DETECTIVE
I DECLARE :
I will perform all professional duties of a detective in accordance with the highest moral and ethical standards and I will never do anything wilfully, what could tarnish the reputation of detective profession or the Chamber of the Detectives of the Republic of Slovenia which honoured me with granting of a detective licence.
I, as a detective will not judge the work of other detectives and shall not in any way do anything what could tarnish the reputation of other detectives and detective companies.
I will inform my clients prior to entering a contract about my possibilities and restrictions that I have as a detective, and I will not promise a success to my client, if I knew that the success is questionable or may not be achieved.
I will do all and any inquiries within the frames of order, legitimacy, morality and detective professional ethics.
I will respect mutual agreements as if they were written.
I will not advice my clients to take any illegal or unethical procedures or actions.
I will respect the privacy of my clients, I will not betray their trust and I will keep their secrets as if they were my own.
My guidelines for achieving success shall be the truth, expert knowledge, conscientiousness and deliberateness.
I will report to my clients about the findings (data, information and results of the investigation) with regards to the case I have accepted.
I will inform my clients of favourable and unpleasant facts.
I will convey my clients the latest and as accurate information as possible and within the financial frames and time set out by the client.
My reports shall be correct, truthful, accurate and as complete as possible.
I will not convey the data and information to any other detective, if the nature of information is such, that giving the information could harm the interests of my client, with which I have or have had a business relationship.
I will make a realistic evaluation /quantity and pretentiousness/ of my business and the costs relating to my work in a single case and shall, due to the difficult situation of my client, not seek the advantage for me, that would exceed the value of my work and (justified) expenses.
I will all the time try to improve my professional skills, my general knowledge and my education.
I recognize the Arbitration Board of Honour of the Chamber of Detectives of the Republic of Slovenia as the arbiter in my above stated actions and procedures
________________________________________
HOW TO BECOME A PRIVATE INVESTIGATOR
The Law on Private Investigating Activity states that private investigating activity may be performed by authorised persons holding a private investigator's licence.
The licence is issued to a candidate by the Private Investigation Chamber under the following conditions:
1. that the candidate has citizenship of the Republic of Slovenia;
2. that the candidate has finished a two-year post-secondary or professional higher education institution, and has passed an examination;
3. that the candidate has not been convicted of a crime of intent bound to be prosecuted;
4. that the candidate has not performed an authorized official function within the Ministry of the Interior or intelligence agencies in the last two years.
The examination test (item 2 in the above paragraph) is administered before the board of examiners consisting of two representatives of the Chamber and two representatives of the Ministry of the Interior.
If the criminal proceeding for the crime of intent bound to be prosecuted is conducted against the candidate for a private investigator, the decision whether the candidate fulfils the conditions to acquire the licence is postponed until after the final judgement in the proceeding.
This is what the law says. However, behind these tedious definitions lots of things are hidden. It is not enough to want to become a private investigator. And it is not enough to understand the contents of all 3,869 or so articles in different laws which a private investigator should know and which represent the compulsory material for the examination. It is not enough to pass a very difficult exam before a very strict but fair board of examiners and it is also not enough to finally acquire your private investigator licence. These are only the conditions to start work as a private investigator.
You will only become a private investigator if you perform your private investigating duties effectively. To be effective, you will need suitable personal characteristics and lots of additional skills and experience which are not defined by the law or any regulation on an examination.
Someone who intends to perform private investigating activities, needs a vision, clearly set goals, and an idea of what he/she is going to accomplish as a private investigator. He/she also needs to have business sense and should have a command of at least basic knowledge of the economy and business.
Someone who believes that the clients will come simply because he/she has acquired a private investigator's licence and advertised their services in the public media will soon realise that this is not enough. Furthermore, it is not realistic to expect that a peer, a private investigator who is already performing his/her job, will introduce a new one to the business. The job of a private investigator is very sensitive and this is why the majority of investigators do not disclose their orders and the way they work. Generally, "old hands" do not want to work with probationers.
However, efficiency in the profession can be achieved by those only who possess comprehensive knowledge of a specialized field and have good connections and a network of partners in all professions and in all spheres of public administration and economy. Private investigating is inquiring and the inquiry always begins and ends with good partners. A beginner can, therefore, get a job most easily with the help of his/her acquaintances if they occupy managing positions in for profit companies.
A private investigator should be meticulous. He/she has to know the psychology of people and the way they react. If he/she is not communicative there is not a strong chance of success in this business. He/she should be persistent. He/she should know more about criminalistics than required by the board of examiners. He/she should be capable of empathy and also be intuitive enough to guess when somebody is ready to answer the questions or when somebody is lying …
A private investigator needs to master all techniques of visual documentation of evidence material this ranges from microphotographing to videorecording). He/she should know how to save and document the evidence material and what is important for specific kinds of inquiries.
A private investigator has no working hours and no regular salary. The job must be done no matter what time of the day or week, even on Christmas Eve or New Year's Eve, on Sundays and holidays. Anyone who still believes that his/her future is in this interesting but very demanding activity, can get detailed information about the examination and how to acquire a licence from the Private Investigation Chamber of the Republic of Slovenia.
A beginner can also find some guidelines for work in specialized professional literature.
________________________________________
Official Gazette No 7 dated 23rd January 2003
LAW ON PRIVATE INVESTIGATING ACTIVITY
PRIVATE DETECTIVE ACT
I. GENERAL PROVISIONS
Article 1
This Act shall regulate the private detective activity and conditions governing of pursuit of detective activities.
Article 2
The detective activity shall be carried out by detectives as a liberal profession. Detectives may practice their profession individually or within a detective company in accordance with the provisions of this Act.
The provisions of this Act pertaining to detectives as individuals, shall also apply to detective companies unless otherwise provided by this Act.
Article 3
Detective activity under this Act shall consist of the gathering and conveying of information obtained in accordance with the rights granted to detectives hereunder.
II. THE CHAMBER OF DETECTIVES
Article 4
Detectives in the territory of the Republic of Slovenia shall have a compulsory membership in the Chamber of Detectives of the Republic of Slovenia (hereinafter: "the Chamber").
Article 5
The Chamber shall perform the following tasks:
1. grant and withdraw detective licences,
2. in agreement with the Ministry responsible for Internal Affairs lay down the programme of certification exam for detective practice, as well as the method of knowledge assessment referred to in Article 8 of this Act.
The Chamber shall also conduct the following functions:
1. monitor and discuss the work of its members;
2. adopt a Code of Professional Ethics and measures against its violation;
3. keep a register of detectives;
4. perform other tasks determined by its Statute and provisions of national bodies;
5. supervise the work of its members;
6. determine the design of the identification card referred to in Article 14.
The Chamber shall perform the tasks referred to in Paragraph 1, Items 1 and 2 of this Article as public authority.
The chamber shall render a decision on granting or withdrawing a licence referred to in Paragraph 1 of this Article in an administrative procedure.
The applicant for the detective licence and the detective respectively, has the right to appeal against the Decision referred to in the preceding Paragraph. The Ministry responsible for Internal Affairs shall render a decision on the appeal within 30 days.
The Decision issued in the procedure of granting or withdrawing a licence, shall be submitted to the Ministry responsible for Internal Affairs within 15 days from the date on which it was issued.
Article 6
The Chamber shall provide funds for the implementation of public authorities and its other tasks from:
• membership subscription;
• performing of other tasks laid down by Statute;
The Chamber shall determine the base, amount and mode of membership subscription payment by the Statute.
Article 7
The Chamber shall have the quality of a legal person.
The Chamber shall adopt a Statute, which shall lay down its organization, its bodies and their competences.
The Government of the Republic of Slovenia shall give consent to the part of the Chamber's Statue, pertaining to the execution of its public authority.
III. PERFORMANCE OF DETECTIVE ACTIVITY
Article 8
Detectives shall gather the information, on the basis of written contract for performing detective services for the client and the power of attorney signed by the client, indicating the field of gathering information referred to in Art. 9 of this Act, the object of gathering information and the scope of authorization. For the purpose of practising the detective activity, the detective shall have a licence which may be issued at his request by the Chamber, provided that the detective satisfies the following conditions:
1. the detective shall have the citizenship of the Republic of Slovenia;
2. completed college or higher education and passed detective certification exam;
3. the detective shall not be convicted of intentionally committed criminal offence, which is subject to prosecution ex officio;
4. that the detective held no post of authorized officers at the Ministry of the Interior or intelligence and security services in the past two years;
5. the detective shall be proficient in Slovene;
6. the detective shall be trustworthy for performing a detective activity.
The knowledge assessment referred to in Paragraph 2 of the preceding Article, shall be carried out in front of a commission composed of:
• two representatives of the Chamber,
• two representatives of the Ministry of the Interior.
The applicant does not satisfy the condition referred to in Item 6, Paragraph 1 of this Article, if he had been convicted for the criminal offence and the conviction had become final and absolute and he is due to the criminal offence morally not worthy of being a detective.
If the applicant for a licence or a private detective is a subject to criminal proceedings for intentionally committed criminal offence, which is subject to prosecution ex officio, the decision whether the applicant satisfies the conditions for the granting of a detective licence shall be postponed until the decision in such proceedings becomes final and absolute.
Article 9
The detective may obtain the information directly from the persons to which such information relates, as well as from other persons in the possession of such information, provided that they are willing to give it of their own accord, and from the mass media and only on:
• the missing or hiding persons, debtors, authors or senders of anonymous letters, and persons responsible for material or non-material damage;
• whereabouts of stolen or lost objects;
• evidence required for insurance or proving of rights and entitlements of individual parties before judicial and other authorities and organizations deciding on such rights in the proceedings;
• loyalty of employees with regards to the compliance with the competition clause provision;
• performance and effectiveness of legal persons;
• criminal offences that are prosecuted by private actions and on the perpetrators of such criminal offences;
• employment candidates, within the limits of the powers conferred upon by the employment candidate.
The detective, when gathering information referred to in preceding Paragraph, shall inform the person, that the information is given voluntarily.
The detective has the right to perform the counselling for natural and legal persons in order to prevent criminal offences and other harmful activities.
Article 10
Based on the proof of acceptance of a particular assignment, for the accomplishment of which the detective shall obtain certain information from the records, the database manager shall convey the detectives the information from:
• records on registered vehicles: registration number, owner’s and vehicle’s data,
• resident population records or central population records: permanent and temporary residence information,
• insured persons records: employment data (employer, workplace),
• Slovene ship’s register and aircraft register – information of vessels and owners.
Detectives shall be entitled to examine court and administrative records, if the giver of the authority has such a right himself.
For the purpose of obtaining the information under this Article, the person to whom the requested information relates, needs not be previously informed that the information shall be gathered about the person pursuant to the provisions of the preceding Article. As the evidence from the Paragraph 1 of this Article shall be considered the contract between the detective and the client and a written power of attorney referred to in Art. 8, Paragraph 1 of this Act.
Article 11
In the protection and disclosure of information obtained on the basis of Art. 9 and 10 of this Act, the detective shall act in accordance with the provisions of Personal Data Protection Act. The Minister responsible for Internal Affairs, shall determine the scope and means of protection of personal data referred to in preceding Paragraph, which the detective has to satisfy.
Article 12
The Detective shall be bound to secrecy in matters entrusted to him.
The information and data referred to in Art. 9 and 10 of this Article, gathered by a detective for his client, shall be considered business secrecy and shall not be disclosed to the third party. The detective shall preserve secrecy even after he had conducted and finished the detective service for the client.
If during their assignment the detective gets the information about a criminal offence, which is subject to prosecution ex officio, the detective shall inform the competent authority thereof. The detective shall hand over to the client all and any data gathered within the framework of the contract.
Article 13
The detective shall not perform any tasks, for which the police and judicial authorities are authorized by law (such as debt collection from natural and legal persons). In the performance of their tasks, detective shall not employ methods and resources, which are pursuant to the law, used by authorities of the state.
The detective shall not provide any services to local and foreign security agencies, state authorities and political parties.
The detective may obtain and bear firearms in accordance with the Firearms Act.
Article 14
The detectives shall have a detective identification card issued by the Chamber. When referring to the powers conferred on him by this Act, the detective shall identify himself by showing their detective identification card to the person concerned. At any rate, the detective shall produce the identification card at request of the Inspector for Private Protection or the policeman.
Article 15
The detective licence shall be revoked by the Chamber, if:
• it is established that the data and the evidence on the basis of which the licence was issued, were false or falsified;
• the detective is convicted of premeditated criminal offence, which is prosecuted ex officio, and sentenced to imprisonment exceeding six months, provided that the judgment became final and absolute;
• no longer satisfies the conditions laid down by the Act;
• becomes permanently incapable of performing the detective activity;
• loses his contractual capacity;
• the safety or protection measure of prohibition of performing the detective activities was imposed on the detective;
• the Arbitration board of Honour reaches a definitive conclusion that the licence shall be revoked due to the disciplinary violation.
The validity of the licence shall expire in case of a detective's:
• death,
• written statement that he no longer wishes to carry out detective activity.
The Court shall out of official duty inform the Chamber about the final conviction referred to in line 2, Paragraph 1 of this Article.
Article 16
In cases from the preceding Article, the detective or his statutory representative shall return their licence and identification card to the Chamber.
III.A PERFORMING A DETECTIVE ACTIVITIES BY FOREIGN DETECTIVES IN THE REPUBLIC OF SLOVENIA
Article 16a
A detective from the EU Member State, who acquired the right for performing the detective activities in home country, may under the terms laid down by this Act, perform the following activities in the Republic of Slovenia:
• detective activity under the title “detective”;
• detective activity under the title obtained in his home country;
• detective services.
The home country is the country in which the detective has the right to perform the detective activity under the professional title, acquired under the rules of his home country.
The detective from the EU Member State under this Act is a detective, who has the right to perform the detective activity in any of EU Member States under the professional title, acquired under the rules of this country.
The provisions of this Act concerning the detective from another EU Member State, shall also apply for the detective company from EU Member State, or other forms of joint detective activities.
Article 16b
The detective from EU Member State, may under the condition of reciprocity, conduct the detective activities in the Republic of Slovenia under the title “detective”, with all rights and obligations thereof, if the detective satisfies the conditions referred to in Art. 8, Items 2 to 6 and if he passes the examination in understanding the legal order of the Republic of Slovenia.
The detective from the preceding Paragraph, shall, to the application for the detective licence, enclose the citizenship certificate, the certificate, that he has the right to conduct the detective activity in his home country and other evidence with which he proves that he satisfies the conditions from the preceding Paragraph.
The compliance with requirements referred to in Art. 8, Paragraph 1, Items 2 to 4 of this Act, shall be proved through certificates issued under the Rules of the detective’s home country. The certificates shall be presented in officially certified translation into English and Slovene.
The knowledge assessment of understanding the legal order of the Republic of Slovenia, shall be carried out in front of a commission referred to in Art. 8 of this Act. The Chamber shall together with the Minister responsible for Internal Affairs, lay down the scope and method of knowledge assessment of understanding the legal order of the Republic of Slovenia, with the programme of the detective examination.
The Chamber shall, in agreement with the Ministry responsible for Internal Affairs, grant to the detective referred to in Paragraph 1 of this Article, the licence with the title “detective”, with all rights and obligations that a detective has according to this Act, and the detective identification card, pursuant to Art. 14 of this Act.
Article 16c
The detective from the EU Member State, may in the Republic of Slovenia conduct the detective activity under the professional title acquired in his home country, if he furnishes proof, that he has the right to perform the detective activity in his home country.
The detective shall enclose to the application from the preceding Article, the citizenship certificate and notification or evidence of a possible membership in a Chamber of Detectives or Detective Association in his home or any other country.
The evidence referred to in Paragraph 1 and 2 of this Article, shall be submitted in certified official translation into English and Slovene.
The Chamber shall notify the competent authority of the detective’s home country on the taking-up the detective’s activity.
The detective referred to in Paragraph 1 of this Article, shall pursuit the detective activity de facto and permanently, under the professional title of his home country, expressed in the official language or in one of the official languages of his home country, with the indication of the authority, which registered him in his home country.
Article 16d
The detective referred to in Art. 16b of this Act shall have a compulsory membership in the Chamber and has the right to vote and to be elected in the Chamber’s bodies and to take an active part in the Chamber’s activities in accordance with the Statute.
The Chamber shall register the detective referred to in Art. 16b and 16c of this Act in the record set out in Art. 23 of this Act.
Article 16e
The detective from the EU Member State, not recorded in the foreign detective’s register on the basis of Art. 16b and 16c, may conduct the particular detective activity that falls within the frame of detective activity pursuant to Art. 9 of this Act.
The detective from the preceding Paragraph, shall prior to taking up the single activity, notify in writing the Ministry responsible for Internal Affairs thereof and submit the certificate of registration with the competent authority in his home country and the power of attorney granted to him by the client; Paragraphs 2 and 3 of the Art. 16b of this Act shall apply by analogy. In his notification he shall set out the address, or appoint the representative for service of mail in the Republic of Slovenia.
On the basis of the notification and the evidence from the preceding Paragraph, the Ministry responsible for Internal Affairs shall issue to the detective referred to in Paragraph 1 of this Article, the certificate on notification of taking up a single detective activity and shall send a written notification thereof to the Chamber.
At the request of the Inspector for Private Protection or of the Policeman, the detective from the preceding Paragraph has to submit the certificate, that he has the right to perform a single detective activity that falls within the frame of detective activity pursuant to Art. 9 of this Act.
Article 16f
The detective from the preceding Article, shall comply with the rules of professional practice, which are valid for the detectives in the Republic of Slovenia. While conducting a single detective activity, the detective referred to in Art. 16e, shall use the professional title of his home country, expressed in official language or one of the official languages of his home country, together with the indication of the professional organisation which gave a consent for pursuing the detective activity in his home country.
Article 16g
The detective from another country that is not an EU Member State, may under the condition of actual reciprocity, perform the detective activity or a single detective activity in the Republic of Slovenia.
IV. DETECTIVE COMPANIES
Article 17
Detective company shall be legal person and shall be set up in accordance with the Companies Act as a personal company. (hereinafter: "detective company").
Article 18
The setting up and operation of a detective company shall be governed by company law regulations unless otherwise provided by this Act.
Article 19
The activity of a detective company shall be restricted to the exercise of detective profession.
At least one partner of the detective company shall have a licence for pursuit of detective activity, issued by the Chamber. The business conduct of the detective company shall not be entrusted to a person who is not a detective. The activity of the detective company, may only be conducted by a detective with a licence for the pursuit of a detective activity.
Article 20
The application for registration of a detective company in the court register shall be accompanied by the Chamber's approval.
The issue of the approval may be denied only if not all conditions for the establishment and operation of detective company stipulated by the law, have been satisfied.
The approval from the Paragraph 1 of this Article shall be issued by the Chamber's supreme body, determined by the Statute. The approval shall be considered to have been granted, if the applicant receives no answer within two months after the application had been filed.
Article 21
If certain conditions of organization and operation of detective company are not in accordance with this Act, the detective company shall be wound up.
The winding up of a detective company for reasons from the preceding Paragraph shall be determined by the court on the proposal of the partners or of the Chamber. Before taking the decision on the winding up of the detective company, the court shall give the detective company a time limit of not more than six months within which its organization and operations should be brought into line with the provisions of this Act.
V. INSPECTION
Article 22
Supervision over the implementation of this Act and provisions of this Act, shall be the responsibility of the Ministry responsible for Internal Affairs.
Within the Ministry responsible for Internal Affairs, the inspections shall be carried out by Inspectors for Private Protection (hereinafter: “Inspector”).
The Inspector shall independently carry out the inspection, issue decisions and conclusions in the administrative procedure, for which he is authorized.
The Inspector shall independently supervise the implementation of provisions in the field detective activity; the inspector shall:
• check the existence and validity of detective licences;
• check the existence and subject matter of the registers, which the detective has to keep;
• carry out the inquiries on forbidden activities;
• carry out the inquiries with regards to the information security, with regards to information obtained by detective while conducting a detective activity or in respect thereof;
• cooperate with state authorities and organizations and organizations having the public authority, while conducting the inspection.
The Minister responsible for Internal Affairs prescribes the methods of inspections in the field of detective activity.
Unless otherwise determined by this Act, for the Inspector and the inspection the provisions of the law, laying down the inspections and the provisions of the Administrative Procedure Act shall apply.
Article 22a
The Inspector shall have high or university education in social or legal branch, at least five years of corresponding work experience and professional examination for the Inspector. The Inspector shall demonstrate his authorization for inspection control with the official card, issued by the Minister responsible for Internal Affairs. The Minister responsible for Internal Affairs shall lay down the form and the procedure for the issue of the official cards. The Minister responsible for Internal Affairs shall prescribe the scope and method of professional examination for the Inspector.
Article 22b
The Inspector has beside the general authorization stipulated by the Act governing the inspection control, also the following rights and duties: He shall:
• impose a deadline for the elimination of deficiencies or irregularities in performance of the detective activities;
• propose the withdrawal of a licence, if the detective no longer satisfies the conditions determined by the law, or if the detective fails to eliminate the ascertained irregularities or deficiencies within given period of time;
• propose to the Chamber the Initiation of procedure for the establishment of the disciplinary responsibility;
• propose to the competent authority to enact certain measures;
• impose on-the-spot fine in the events laid down by this Act or propose the institution of the violations procedure in accordance with this Act;
• file a criminal information to the competent authorities, for the criminal offences which are prosecuted ex officio.
Against the Decision issued by the Inspector referred to in line 1 of the preceding Paragraph, an appeal may be submitted to the Minister responsible for Internal Affairs, within 15 days from the day the Decision had been served. The appeal against the Decision shall not delay its execution. The Minister responsible for Internal Affairs, shall render a decision on appeal within 30 days from the date the appeal was filed.
VI. RECORDS
Article 23
The Chamber shall keep and maintain the following records:
• the records of detectives, citizens of the Republic of Slovenia;
• of foreign detectives, which have the right to pursue the detective activity in the Republic of Slovenia under the professional title ”detective”;
• of foreign detectives, which have the right to pursue the detective activity in the Republic of Slovenia under the professional title of their home country.
The Chamber shall upon written request of the Ministry, responsible for Internal Affairs, submit the information from the record of detectives.
Article 24
The record of detectives shall include the following information:
• name and surname;
• day, month and year and place of birth;
• citizenship;
• permanent or temporary residence;
• education;
• occupation;
• employment;
• date of the passed examination before the commission from Article 8 hereof; or the knowledge assessment date of the understanding the legal system of the Republic of Slovenia before the commission from Article 8 hereof;
• date and number of the licence;
• date and number of the detective identification card;
• date of withdrawal of the licence;
• date of withdrawal of the detective identification card.
The records of foreign detectives with the right to perform the detective activity under the professional title from their home country, shall include the data from the lines 1-7 of the preceding Paragraph, the licence number and the information of the authority that issued the licence and detective identification card.
Article 25
The information from the preceding Article shall be gathered directly from individuals to whom they relate.
The gathering and conveying of personal data gathered in accordance with the provisions of the preceding paragraph of this Article and are not regulated by this Act shall be governed by the provisions of the Personal Data Protection Act.
Article 26
Detective shall keep the following records:
• record of contracts for detective services;
• record of gathered information;
• record of filed criminal information.
Article 26a
The records from the preceding Article of this Acts shall include following data:
• customer’s information (name, surname, address of the physical person or firm and head office of the legal person); information on the contract for detective services (serial Number of a Contract, date of concluding a contract and date of fulfilment of a contract); field of gathering information (note of field of gathering information as referred to in Art. 9 of this Act and description of the detective service or subject matter of the contract); authorization data: (serial number of the authorization, date and scope of authorization); date of fulfilment of the contract;
• records on gathered information; sort of gathered information (field of gathered information, data on single information; individual’s information (name, surname, address of permanent or temporary residence); legal person’s information (firm and the head office of legal person); other data relating to certain information;
• records on filed criminal information: criminal information data, for the criminal offences which are prosecuted ex officio (addressee, information date); known information on criminal offence;
Article 26b
The individual is entitled to take an insight into his the records referred to in Art. 26 of this Act immediately after the records are established. Detective shall submit the records for inspection to the Chamber or the Ministry responsible for Internal Affairs at their request.
The Chamber and the Ministry responsible for Internal Affairs, shall protect the personal data from the Art 26 of this Act according to the law and may use them only during the supervision carried out under this Act.
Article 26c
Individual data from the records shall be kept:
• data from the records referred to in Art 26 Item 1 of this Act, shall be kept for five years after the contract had been fulfilled;
• data from the records referred to in Art 26 Item 2 of this Act, shall be kept until the fulfilment of the contract;
• data from the records referred to in Art 26 Item 3 of this Act, shall be kept for five years after the final criminal information had been filed.
After the expiry of time limits from the preceding Paragraph, the detective shall put the records in the archive, save the data from the records of gathered information, which shall be handed over to the customer, when the contract is fulfilled.
Article 27
Personal data shall be kept in the records until the withdrawal of individual detective licences.
After that, the records from Article 24 hereof shall only include the name, address and detective licence withdrawal.
VII. PENAL PROVISIONS
Article 28
Detective shall be fined with at least 150.000 SIT if he:
1. performs detective activity without a written contract concluded with a client or without the written power of attorney granted to him by a client (Article 8, Paragraph 1);
2. gathers information he is not entitled to (Article 9, Paragraph 1);
3. does not inform the person in advance that the information shall be given voluntarily (Article 9, Paragraph 2);
4. fails to secure the information in a scope and in a way as laid down by the Minister responsible for Internal Affairs (Article 11, Paragraph 2);
5. does not protect the obtained data as a business or professional secret (Article 12, Paragraph 1 and 2);
6. acts contrary to the Art 13 of this Act;
7. fails to identify himself with a detective identification card (Article 14);
8. does not keep the obligatory records (Art. 26).
The violation from the Items 1. 2, 5, 6 and 8 of the preceding Paragraph, may also entail a security measure of prohibition of pursuing a detective services for a period from 3 months to 1 year.
The detective shall be fined with 100.000 SIT on –the-spot, for the following violations:
1. if he fails to inform the competent body on a criminal offence which is subject to prosecution ex officio (Article 12, Paragraph 3);
2. if he fails to eliminate the irregularities within the period of time set out by the inspector( Art. 22b, Paragraph 1, line 1);
3. if he fails to submit the records at the Chamber’s of Inspector’s request (Art. 26b, Paragraph 2).
With the fine of minimum 100.000 SIT shall be punished any individual who performs detective services without a detective licence (Art. 8, Paragraph 1).
With the fine of minimum 100.000 SIT shall be punished any foreign detective performing detective services contrary to provisions of Chapter III A of this Act.
The Private Detective Act (Official Gazette of the RS, No 32/94) comprises the following transitional and final provisions.
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 29
Companies registered for the performance of detective activity shall bring their organization and operations into line with this Act and obtain the necessary licences under this Act within one year after the enforcement of this Act.
Article 30
The Chamber shall be established in accordance with the provisions of this Act within one year after its enforcement and shall within six months after its establishment lay down the knowledge assessment programme, the professional code of ethics, the detective identification card design and shall set up the records from Article 5 of this Act.
Before the Chamber becomes operational, its tasks from Items 1. and 2. of the first Paragraph and Items 3., 5. and 6. of the Paragraph 2 of Article 5 hereof shall be carried out by the Ministry of the Interior.
Article 31
This Act shall come into effect on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Private Detective Act (Official Gazette of the RS, No 96/2002) comprises the following transitional and final provisions
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 20
The officials of the Ministry responsible for Internal Affairs, who conducted the inspection of the implementation of the Private Detective Act, shall carry on with their work until the appointment of the inspectors, however not longer than 2 years from bringing this Act into force.
Until the provision from the Art. 22 a, Paragraph 2, of this Act, are issued, the inspector shall identify himself with the power of attorney granted by the Minister responsible for Internal Affairs.
The Chamber of Detectives of the Republic of Slovenia shall bring into line the Statute and other acts with this Act within six months after the enforcement of this Act.
The Minister responsible for Internal Affairs shall issue the provisions from Art. 11, Paragraph 2, Article 22. Paragraph 5 and Art. 22a, Paragraphs 2 and 3, within 6 months after the enforcement of this act.
Article 21
The provision of Art. 2 of this Act shall apply on the twelfth month after the enforcement of this Act.
The provisions of Art. 16a to 16e and Art. 23, lines 2 and 3 of the Act, referring to the records of foreign detectives, shall apply on the day of accession of the Republic of Slovenia to EU.
Article 22
This Act shall come into effect on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
Chairman of the National Assembly of the Republic of Slovenia
Borut Pahor
Источник - Official Gazette No 7 dated 23rd January 2003
Original message
How to become a Private Investigator in Slovenia according to Law
________________________________________
THE CODE OF PROFESSIONAL ETHICS
I recognise the badge of my profession as a symbol of public confidence, that I receive from the Chamber of Detectives of the Republic of Slovenia into my guardianship. I will protect it for the entire period of my loyalty to the ethics of the detective activity. I will always strive to meet this objective and the ideals of my chosen profession and to be a respectable
DETECTIVE
I DECLARE :
I will perform all professional duties of a detective in accordance with the highest moral and ethical standards and I will never do anything wilfully, what could tarnish the reputation of detective profession or the Chamber of the Detectives of the Republic of Slovenia which honoured me with granting of a detective licence.
I, as a detective will not judge the work of other detectives and shall not in any way do anything what could tarnish the reputation of other detectives and detective companies.
I will inform my clients prior to entering a contract about my possibilities and restrictions that I have as a detective, and I will not promise a success to my client, if I knew that the success is questionable or may not be achieved.
I will do all and any inquiries within the frames of order, legitimacy, morality and detective professional ethics.
I will respect mutual agreements as if they were written.
I will not advice my clients to take any illegal or unethical procedures or actions.
I will respect the privacy of my clients, I will not betray their trust and I will keep their secrets as if they were my own.
My guidelines for achieving success shall be the truth, expert knowledge, conscientiousness and deliberateness.
I will report to my clients about the findings (data, information and results of the investigation) with regards to the case I have accepted.
I will inform my clients of favourable and unpleasant facts.
I will convey my clients the latest and as accurate information as possible and within the financial frames and time set out by the client.
My reports shall be correct, truthful, accurate and as complete as possible.
I will not convey the data and information to any other detective, if the nature of information is such, that giving the information could harm the interests of my client, with which I have or have had a business relationship.
I will make a realistic evaluation /quantity and pretentiousness/ of my business and the costs relating to my work in a single case and shall, due to the difficult situation of my client, not seek the advantage for me, that would exceed the value of my work and (justified) expenses.
I will all the time try to improve my professional skills, my general knowledge and my education.
I recognize the Arbitration Board of Honour of the Chamber of Detectives of the Republic of Slovenia as the arbiter in my above stated actions and procedures
________________________________________
HOW TO BECOME A PRIVATE INVESTIGATOR
The Law on Private Investigating Activity states that private investigating activity may be performed by authorised persons holding a private investigator's licence.
The licence is issued to a candidate by the Private Investigation Chamber under the following conditions:
1. that the candidate has citizenship of the Republic of Slovenia;
2. that the candidate has finished a two-year post-secondary or professional higher education institution, and has passed an examination;
3. that the candidate has not been convicted of a crime of intent bound to be prosecuted;
4. that the candidate has not performed an authorized official function within the Ministry of the Interior or intelligence agencies in the last two years.
The examination test (item 2 in the above paragraph) is administered before the board of examiners consisting of two representatives of the Chamber and two representatives of the Ministry of the Interior.
If the criminal proceeding for the crime of intent bound to be prosecuted is conducted against the candidate for a private investigator, the decision whether the candidate fulfils the conditions to acquire the licence is postponed until after the final judgement in the proceeding.
This is what the law says. However, behind these tedious definitions lots of things are hidden. It is not enough to want to become a private investigator. And it is not enough to understand the contents of all 3,869 or so articles in different laws which a private investigator should know and which represent the compulsory material for the examination. It is not enough to pass a very difficult exam before a very strict but fair board of examiners and it is also not enough to finally acquire your private investigator licence. These are only the conditions to start work as a private investigator.
You will only become a private investigator if you perform your private investigating duties effectively. To be effective, you will need suitable personal characteristics and lots of additional skills and experience which are not defined by the law or any regulation on an examination.
Someone who intends to perform private investigating activities, needs a vision, clearly set goals, and an idea of what he/she is going to accomplish as a private investigator. He/she also needs to have business sense and should have a command of at least basic knowledge of the economy and business.
Someone who believes that the clients will come simply because he/she has acquired a private investigator's licence and advertised their services in the public media will soon realise that this is not enough. Furthermore, it is not realistic to expect that a peer, a private investigator who is already performing his/her job, will introduce a new one to the business. The job of a private investigator is very sensitive and this is why the majority of investigators do not disclose their orders and the way they work. Generally, "old hands" do not want to work with probationers.
However, efficiency in the profession can be achieved by those only who possess comprehensive knowledge of a specialized field and have good connections and a network of partners in all professions and in all spheres of public administration and economy. Private investigating is inquiring and the inquiry always begins and ends with good partners. A beginner can, therefore, get a job most easily with the help of his/her acquaintances if they occupy managing positions in for profit companies.
A private investigator should be meticulous. He/she has to know the psychology of people and the way they react. If he/she is not communicative there is not a strong chance of success in this business. He/she should be persistent. He/she should know more about criminalistics than required by the board of examiners. He/she should be capable of empathy and also be intuitive enough to guess when somebody is ready to answer the questions or when somebody is lying …
A private investigator needs to master all techniques of visual documentation of evidence material this ranges from microphotographing to videorecording). He/she should know how to save and document the evidence material and what is important for specific kinds of inquiries.
A private investigator has no working hours and no regular salary. The job must be done no matter what time of the day or week, even on Christmas Eve or New Year's Eve, on Sundays and holidays. Anyone who still believes that his/her future is in this interesting but very demanding activity, can get detailed information about the examination and how to acquire a licence from the Private Investigation Chamber of the Republic of Slovenia.
A beginner can also find some guidelines for work in specialized professional literature.
________________________________________
Official Gazette No 7 dated 23rd January 2003
LAW ON PRIVATE INVESTIGATING ACTIVITY
PRIVATE DETECTIVE ACT
I. GENERAL PROVISIONS
Article 1
This Act shall regulate the private detective activity and conditions governing of pursuit of detective activities.
Article 2
The detective activity shall be carried out by detectives as a liberal profession. Detectives may practice their profession individually or within a detective company in accordance with the provisions of this Act.
The provisions of this Act pertaining to detectives as individuals, shall also apply to detective companies unless otherwise provided by this Act.
Article 3
Detective activity under this Act shall consist of the gathering and conveying of information obtained in accordance with the rights granted to detectives hereunder.
II. THE CHAMBER OF DETECTIVES
Article 4
Detectives in the territory of the Republic of Slovenia shall have a compulsory membership in the Chamber of Detectives of the Republic of Slovenia (hereinafter: "the Chamber").
Article 5
The Chamber shall perform the following tasks:
1. grant and withdraw detective licences,
2. in agreement with the Ministry responsible for Internal Affairs lay down the programme of certification exam for detective practice, as well as the method of knowledge assessment referred to in Article 8 of this Act.
The Chamber shall also conduct the following functions:
1. monitor and discuss the work of its members;
2. adopt a Code of Professional Ethics and measures against its violation;
3. keep a register of detectives;
4. perform other tasks determined by its Statute and provisions of national bodies;
5. supervise the work of its members;
6. determine the design of the identification card referred to in Article 14.
The Chamber shall perform the tasks referred to in Paragraph 1, Items 1 and 2 of this Article as public authority.
The chamber shall render a decision on granting or withdrawing a licence referred to in Paragraph 1 of this Article in an administrative procedure.
The applicant for the detective licence and the detective respectively, has the right to appeal against the Decision referred to in the preceding Paragraph. The Ministry responsible for Internal Affairs shall render a decision on the appeal within 30 days.
The Decision issued in the procedure of granting or withdrawing a licence, shall be submitted to the Ministry responsible for Internal Affairs within 15 days from the date on which it was issued.
Article 6
The Chamber shall provide funds for the implementation of public authorities and its other tasks from:
• membership subscription;
• performing of other tasks laid down by Statute;
The Chamber shall determine the base, amount and mode of membership subscription payment by the Statute.
Article 7
The Chamber shall have the quality of a legal person.
The Chamber shall adopt a Statute, which shall lay down its organization, its bodies and their competences.
The Government of the Republic of Slovenia shall give consent to the part of the Chamber's Statue, pertaining to the execution of its public authority.
III. PERFORMANCE OF DETECTIVE ACTIVITY
Article 8
Detectives shall gather the information, on the basis of written contract for performing detective services for the client and the power of attorney signed by the client, indicating the field of gathering information referred to in Art. 9 of this Act, the object of gathering information and the scope of authorization. For the purpose of practising the detective activity, the detective shall have a licence which may be issued at his request by the Chamber, provided that the detective satisfies the following conditions:
1. the detective shall have the citizenship of the Republic of Slovenia;
2. completed college or higher education and passed detective certification exam;
3. the detective shall not be convicted of intentionally committed criminal offence, which is subject to prosecution ex officio;
4. that the detective held no post of authorized officers at the Ministry of the Interior or intelligence and security services in the past two years;
5. the detective shall be proficient in Slovene;
6. the detective shall be trustworthy for performing a detective activity.
The knowledge assessment referred to in Paragraph 2 of the preceding Article, shall be carried out in front of a commission composed of:
• two representatives of the Chamber,
• two representatives of the Ministry of the Interior.
The applicant does not satisfy the condition referred to in Item 6, Paragraph 1 of this Article, if he had been convicted for the criminal offence and the conviction had become final and absolute and he is due to the criminal offence morally not worthy of being a detective.
If the applicant for a licence or a private detective is a subject to criminal proceedings for intentionally committed criminal offence, which is subject to prosecution ex officio, the decision whether the applicant satisfies the conditions for the granting of a detective licence shall be postponed until the decision in such proceedings becomes final and absolute.
Article 9
The detective may obtain the information directly from the persons to which such information relates, as well as from other persons in the possession of such information, provided that they are willing to give it of their own accord, and from the mass media and only on:
• the missing or hiding persons, debtors, authors or senders of anonymous letters, and persons responsible for material or non-material damage;
• whereabouts of stolen or lost objects;
• evidence required for insurance or proving of rights and entitlements of individual parties before judicial and other authorities and organizations deciding on such rights in the proceedings;
• loyalty of employees with regards to the compliance with the competition clause provision;
• performance and effectiveness of legal persons;
• criminal offences that are prosecuted by private actions and on the perpetrators of such criminal offences;
• employment candidates, within the limits of the powers conferred upon by the employment candidate.
The detective, when gathering information referred to in preceding Paragraph, shall inform the person, that the information is given voluntarily.
The detective has the right to perform the counselling for natural and legal persons in order to prevent criminal offences and other harmful activities.
Article 10
Based on the proof of acceptance of a particular assignment, for the accomplishment of which the detective shall obtain certain information from the records, the database manager shall convey the detectives the information from:
• records on registered vehicles: registration number, owner’s and vehicle’s data,
• resident population records or central population records: permanent and temporary residence information,
• insured persons records: employment data (employer, workplace),
• Slovene ship’s register and aircraft register – information of vessels and owners.
Detectives shall be entitled to examine court and administrative records, if the giver of the authority has such a right himself.
For the purpose of obtaining the information under this Article, the person to whom the requested information relates, needs not be previously informed that the information shall be gathered about the person pursuant to the provisions of the preceding Article. As the evidence from the Paragraph 1 of this Article shall be considered the contract between the detective and the client and a written power of attorney referred to in Art. 8, Paragraph 1 of this Act.
Article 11
In the protection and disclosure of information obtained on the basis of Art. 9 and 10 of this Act, the detective shall act in accordance with the provisions of Personal Data Protection Act. The Minister responsible for Internal Affairs, shall determine the scope and means of protection of personal data referred to in preceding Paragraph, which the detective has to satisfy.
Article 12
The Detective shall be bound to secrecy in matters entrusted to him.
The information and data referred to in Art. 9 and 10 of this Article, gathered by a detective for his client, shall be considered business secrecy and shall not be disclosed to the third party. The detective shall preserve secrecy even after he had conducted and finished the detective service for the client.
If during their assignment the detective gets the information about a criminal offence, which is subject to prosecution ex officio, the detective shall inform the competent authority thereof. The detective shall hand over to the client all and any data gathered within the framework of the contract.
Article 13
The detective shall not perform any tasks, for which the police and judicial authorities are authorized by law (such as debt collection from natural and legal persons). In the performance of their tasks, detective shall not employ methods and resources, which are pursuant to the law, used by authorities of the state.
The detective shall not provide any services to local and foreign security agencies, state authorities and political parties.
The detective may obtain and bear firearms in accordance with the Firearms Act.
Article 14
The detectives shall have a detective identification card issued by the Chamber. When referring to the powers conferred on him by this Act, the detective shall identify himself by showing their detective identification card to the person concerned. At any rate, the detective shall produce the identification card at request of the Inspector for Private Protection or the policeman.
Article 15
The detective licence shall be revoked by the Chamber, if:
• it is established that the data and the evidence on the basis of which the licence was issued, were false or falsified;
• the detective is convicted of premeditated criminal offence, which is prosecuted ex officio, and sentenced to imprisonment exceeding six months, provided that the judgment became final and absolute;
• no longer satisfies the conditions laid down by the Act;
• becomes permanently incapable of performing the detective activity;
• loses his contractual capacity;
• the safety or protection measure of prohibition of performing the detective activities was imposed on the detective;
• the Arbitration board of Honour reaches a definitive conclusion that the licence shall be revoked due to the disciplinary violation.
The validity of the licence shall expire in case of a detective's:
• death,
• written statement that he no longer wishes to carry out detective activity.
The Court shall out of official duty inform the Chamber about the final conviction referred to in line 2, Paragraph 1 of this Article.
Article 16
In cases from the preceding Article, the detective or his statutory representative shall return their licence and identification card to the Chamber.
III.A PERFORMING A DETECTIVE ACTIVITIES BY FOREIGN DETECTIVES IN THE REPUBLIC OF SLOVENIA
Article 16a
A detective from the EU Member State, who acquired the right for performing the detective activities in home country, may under the terms laid down by this Act, perform the following activities in the Republic of Slovenia:
• detective activity under the title “detective”;
• detective activity under the title obtained in his home country;
• detective services.
The home country is the country in which the detective has the right to perform the detective activity under the professional title, acquired under the rules of his home country.
The detective from the EU Member State under this Act is a detective, who has the right to perform the detective activity in any of EU Member States under the professional title, acquired under the rules of this country.
The provisions of this Act concerning the detective from another EU Member State, shall also apply for the detective company from EU Member State, or other forms of joint detective activities.
Article 16b
The detective from EU Member State, may under the condition of reciprocity, conduct the detective activities in the Republic of Slovenia under the title “detective”, with all rights and obligations thereof, if the detective satisfies the conditions referred to in Art. 8, Items 2 to 6 and if he passes the examination in understanding the legal order of the Republic of Slovenia.
The detective from the preceding Paragraph, shall, to the application for the detective licence, enclose the citizenship certificate, the certificate, that he has the right to conduct the detective activity in his home country and other evidence with which he proves that he satisfies the conditions from the preceding Paragraph.
The compliance with requirements referred to in Art. 8, Paragraph 1, Items 2 to 4 of this Act, shall be proved through certificates issued under the Rules of the detective’s home country. The certificates shall be presented in officially certified translation into English and Slovene.
The knowledge assessment of understanding the legal order of the Republic of Slovenia, shall be carried out in front of a commission referred to in Art. 8 of this Act. The Chamber shall together with the Minister responsible for Internal Affairs, lay down the scope and method of knowledge assessment of understanding the legal order of the Republic of Slovenia, with the programme of the detective examination.
The Chamber shall, in agreement with the Ministry responsible for Internal Affairs, grant to the detective referred to in Paragraph 1 of this Article, the licence with the title “detective”, with all rights and obligations that a detective has according to this Act, and the detective identification card, pursuant to Art. 14 of this Act.
Article 16c
The detective from the EU Member State, may in the Republic of Slovenia conduct the detective activity under the professional title acquired in his home country, if he furnishes proof, that he has the right to perform the detective activity in his home country.
The detective shall enclose to the application from the preceding Article, the citizenship certificate and notification or evidence of a possible membership in a Chamber of Detectives or Detective Association in his home or any other country.
The evidence referred to in Paragraph 1 and 2 of this Article, shall be submitted in certified official translation into English and Slovene.
The Chamber shall notify the competent authority of the detective’s home country on the taking-up the detective’s activity.
The detective referred to in Paragraph 1 of this Article, shall pursuit the detective activity de facto and permanently, under the professional title of his home country, expressed in the official language or in one of the official languages of his home country, with the indication of the authority, which registered him in his home country.
Article 16d
The detective referred to in Art. 16b of this Act shall have a compulsory membership in the Chamber and has the right to vote and to be elected in the Chamber’s bodies and to take an active part in the Chamber’s activities in accordance with the Statute.
The Chamber shall register the detective referred to in Art. 16b and 16c of this Act in the record set out in Art. 23 of this Act.
Article 16e
The detective from the EU Member State, not recorded in the foreign detective’s register on the basis of Art. 16b and 16c, may conduct the particular detective activity that falls within the frame of detective activity pursuant to Art. 9 of this Act.
The detective from the preceding Paragraph, shall prior to taking up the single activity, notify in writing the Ministry responsible for Internal Affairs thereof and submit the certificate of registration with the competent authority in his home country and the power of attorney granted to him by the client; Paragraphs 2 and 3 of the Art. 16b of this Act shall apply by analogy. In his notification he shall set out the address, or appoint the representative for service of mail in the Republic of Slovenia.
On the basis of the notification and the evidence from the preceding Paragraph, the Ministry responsible for Internal Affairs shall issue to the detective referred to in Paragraph 1 of this Article, the certificate on notification of taking up a single detective activity and shall send a written notification thereof to the Chamber.
At the request of the Inspector for Private Protection or of the Policeman, the detective from the preceding Paragraph has to submit the certificate, that he has the right to perform a single detective activity that falls within the frame of detective activity pursuant to Art. 9 of this Act.
Article 16f
The detective from the preceding Article, shall comply with the rules of professional practice, which are valid for the detectives in the Republic of Slovenia. While conducting a single detective activity, the detective referred to in Art. 16e, shall use the professional title of his home country, expressed in official language or one of the official languages of his home country, together with the indication of the professional organisation which gave a consent for pursuing the detective activity in his home country.
Article 16g
The detective from another country that is not an EU Member State, may under the condition of actual reciprocity, perform the detective activity or a single detective activity in the Republic of Slovenia.
IV. DETECTIVE COMPANIES
Article 17
Detective company shall be legal person and shall be set up in accordance with the Companies Act as a personal company. (hereinafter: "detective company").
Article 18
The setting up and operation of a detective company shall be governed by company law regulations unless otherwise provided by this Act.
Article 19
The activity of a detective company shall be restricted to the exercise of detective profession.
At least one partner of the detective company shall have a licence for pursuit of detective activity, issued by the Chamber. The business conduct of the detective company shall not be entrusted to a person who is not a detective. The activity of the detective company, may only be conducted by a detective with a licence for the pursuit of a detective activity.
Article 20
The application for registration of a detective company in the court register shall be accompanied by the Chamber's approval.
The issue of the approval may be denied only if not all conditions for the establishment and operation of detective company stipulated by the law, have been satisfied.
The approval from the Paragraph 1 of this Article shall be issued by the Chamber's supreme body, determined by the Statute. The approval shall be considered to have been granted, if the applicant receives no answer within two months after the application had been filed.
Article 21
If certain conditions of organization and operation of detective company are not in accordance with this Act, the detective company shall be wound up.
The winding up of a detective company for reasons from the preceding Paragraph shall be determined by the court on the proposal of the partners or of the Chamber. Before taking the decision on the winding up of the detective company, the court shall give the detective company a time limit of not more than six months within which its organization and operations should be brought into line with the provisions of this Act.
V. INSPECTION
Article 22
Supervision over the implementation of this Act and provisions of this Act, shall be the responsibility of the Ministry responsible for Internal Affairs.
Within the Ministry responsible for Internal Affairs, the inspections shall be carried out by Inspectors for Private Protection (hereinafter: “Inspector”).
The Inspector shall independently carry out the inspection, issue decisions and conclusions in the administrative procedure, for which he is authorized.
The Inspector shall independently supervise the implementation of provisions in the field detective activity; the inspector shall:
• check the existence and validity of detective licences;
• check the existence and subject matter of the registers, which the detective has to keep;
• carry out the inquiries on forbidden activities;
• carry out the inquiries with regards to the information security, with regards to information obtained by detective while conducting a detective activity or in respect thereof;
• cooperate with state authorities and organizations and organizations having the public authority, while conducting the inspection.
The Minister responsible for Internal Affairs prescribes the methods of inspections in the field of detective activity.
Unless otherwise determined by this Act, for the Inspector and the inspection the provisions of the law, laying down the inspections and the provisions of the Administrative Procedure Act shall apply.
Article 22a
The Inspector shall have high or university education in social or legal branch, at least five years of corresponding work experience and professional examination for the Inspector. The Inspector shall demonstrate his authorization for inspection control with the official card, issued by the Minister responsible for Internal Affairs. The Minister responsible for Internal Affairs shall lay down the form and the procedure for the issue of the official cards. The Minister responsible for Internal Affairs shall prescribe the scope and method of professional examination for the Inspector.
Article 22b
The Inspector has beside the general authorization stipulated by the Act governing the inspection control, also the following rights and duties: He shall:
• impose a deadline for the elimination of deficiencies or irregularities in performance of the detective activities;
• propose the withdrawal of a licence, if the detective no longer satisfies the conditions determined by the law, or if the detective fails to eliminate the ascertained irregularities or deficiencies within given period of time;
• propose to the Chamber the Initiation of procedure for the establishment of the disciplinary responsibility;
• propose to the competent authority to enact certain measures;
• impose on-the-spot fine in the events laid down by this Act or propose the institution of the violations procedure in accordance with this Act;
• file a criminal information to the competent authorities, for the criminal offences which are prosecuted ex officio.
Against the Decision issued by the Inspector referred to in line 1 of the preceding Paragraph, an appeal may be submitted to the Minister responsible for Internal Affairs, within 15 days from the day the Decision had been served. The appeal against the Decision shall not delay its execution. The Minister responsible for Internal Affairs, shall render a decision on appeal within 30 days from the date the appeal was filed.
VI. RECORDS
Article 23
The Chamber shall keep and maintain the following records:
• the records of detectives, citizens of the Republic of Slovenia;
• of foreign detectives, which have the right to pursue the detective activity in the Republic of Slovenia under the professional title ”detective”;
• of foreign detectives, which have the right to pursue the detective activity in the Republic of Slovenia under the professional title of their home country.
The Chamber shall upon written request of the Ministry, responsible for Internal Affairs, submit the information from the record of detectives.
Article 24
The record of detectives shall include the following information:
• name and surname;
• day, month and year and place of birth;
• citizenship;
• permanent or temporary residence;
• education;
• occupation;
• employment;
• date of the passed examination before the commission from Article 8 hereof; or the knowledge assessment date of the understanding the legal system of the Republic of Slovenia before the commission from Article 8 hereof;
• date and number of the licence;
• date and number of the detective identification card;
• date of withdrawal of the licence;
• date of withdrawal of the detective identification card.
The records of foreign detectives with the right to perform the detective activity under the professional title from their home country, shall include the data from the lines 1-7 of the preceding Paragraph, the licence number and the information of the authority that issued the licence and detective identification card.
Article 25
The information from the preceding Article shall be gathered directly from individuals to whom they relate.
The gathering and conveying of personal data gathered in accordance with the provisions of the preceding paragraph of this Article and are not regulated by this Act shall be governed by the provisions of the Personal Data Protection Act.
Article 26
Detective shall keep the following records:
• record of contracts for detective services;
• record of gathered information;
• record of filed criminal information.
Article 26a
The records from the preceding Article of this Acts shall include following data:
• customer’s information (name, surname, address of the physical person or firm and head office of the legal person); information on the contract for detective services (serial Number of a Contract, date of concluding a contract and date of fulfilment of a contract); field of gathering information (note of field of gathering information as referred to in Art. 9 of this Act and description of the detective service or subject matter of the contract); authorization data: (serial number of the authorization, date and scope of authorization); date of fulfilment of the contract;
• records on gathered information; sort of gathered information (field of gathered information, data on single information; individual’s information (name, surname, address of permanent or temporary residence); legal person’s information (firm and the head office of legal person); other data relating to certain information;
• records on filed criminal information: criminal information data, for the criminal offences which are prosecuted ex officio (addressee, information date); known information on criminal offence;
Article 26b
The individual is entitled to take an insight into his the records referred to in Art. 26 of this Act immediately after the records are established. Detective shall submit the records for inspection to the Chamber or the Ministry responsible for Internal Affairs at their request.
The Chamber and the Ministry responsible for Internal Affairs, shall protect the personal data from the Art 26 of this Act according to the law and may use them only during the supervision carried out under this Act.
Article 26c
Individual data from the records shall be kept:
• data from the records referred to in Art 26 Item 1 of this Act, shall be kept for five years after the contract had been fulfilled;
• data from the records referred to in Art 26 Item 2 of this Act, shall be kept until the fulfilment of the contract;
• data from the records referred to in Art 26 Item 3 of this Act, shall be kept for five years after the final criminal information had been filed.
After the expiry of time limits from the preceding Paragraph, the detective shall put the records in the archive, save the data from the records of gathered information, which shall be handed over to the customer, when the contract is fulfilled.
Article 27
Personal data shall be kept in the records until the withdrawal of individual detective licences.
After that, the records from Article 24 hereof shall only include the name, address and detective licence withdrawal.
VII. PENAL PROVISIONS
Article 28
Detective shall be fined with at least 150.000 SIT if he:
1. performs detective activity without a written contract concluded with a client or without the written power of attorney granted to him by a client (Article 8, Paragraph 1);
2. gathers information he is not entitled to (Article 9, Paragraph 1);
3. does not inform the person in advance that the information shall be given voluntarily (Article 9, Paragraph 2);
4. fails to secure the information in a scope and in a way as laid down by the Minister responsible for Internal Affairs (Article 11, Paragraph 2);
5. does not protect the obtained data as a business or professional secret (Article 12, Paragraph 1 and 2);
6. acts contrary to the Art 13 of this Act;
7. fails to identify himself with a detective identification card (Article 14);
8. does not keep the obligatory records (Art. 26).
The violation from the Items 1. 2, 5, 6 and 8 of the preceding Paragraph, may also entail a security measure of prohibition of pursuing a detective services for a period from 3 months to 1 year.
The detective shall be fined with 100.000 SIT on –the-spot, for the following violations:
1. if he fails to inform the competent body on a criminal offence which is subject to prosecution ex officio (Article 12, Paragraph 3);
2. if he fails to eliminate the irregularities within the period of time set out by the inspector( Art. 22b, Paragraph 1, line 1);
3. if he fails to submit the records at the Chamber’s of Inspector’s request (Art. 26b, Paragraph 2).
With the fine of minimum 100.000 SIT shall be punished any individual who performs detective services without a detective licence (Art. 8, Paragraph 1).
With the fine of minimum 100.000 SIT shall be punished any foreign detective performing detective services contrary to provisions of Chapter III A of this Act.
The Private Detective Act (Official Gazette of the RS, No 32/94) comprises the following transitional and final provisions.
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 29
Companies registered for the performance of detective activity shall bring their organization and operations into line with this Act and obtain the necessary licences under this Act within one year after the enforcement of this Act.
Article 30
The Chamber shall be established in accordance with the provisions of this Act within one year after its enforcement and shall within six months after its establishment lay down the knowledge assessment programme, the professional code of ethics, the detective identification card design and shall set up the records from Article 5 of this Act.
Before the Chamber becomes operational, its tasks from Items 1. and 2. of the first Paragraph and Items 3., 5. and 6. of the Paragraph 2 of Article 5 hereof shall be carried out by the Ministry of the Interior.
Article 31
This Act shall come into effect on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Private Detective Act (Official Gazette of the RS, No 96/2002) comprises the following transitional and final provisions
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 20
The officials of the Ministry responsible for Internal Affairs, who conducted the inspection of the implementation of the Private Detective Act, shall carry on with their work until the appointment of the inspectors, however not longer than 2 years from bringing this Act into force.
Until the provision from the Art. 22 a, Paragraph 2, of this Act, are issued, the inspector shall identify himself with the power of attorney granted by the Minister responsible for Internal Affairs.
The Chamber of Detectives of the Republic of Slovenia shall bring into line the Statute and other acts with this Act within six months after the enforcement of this Act.
The Minister responsible for Internal Affairs shall issue the provisions from Art. 11, Paragraph 2, Article 22. Paragraph 5 and Art. 22a, Paragraphs 2 and 3, within 6 months after the enforcement of this act.
Article 21
The provision of Art. 2 of this Act shall apply on the twelfth month after the enforcement of this Act.
The provisions of Art. 16a to 16e and Art. 23, lines 2 and 3 of the Act, referring to the records of foreign detectives, shall apply on the day of accession of the Republic of Slovenia to EU.
Article 22
This Act shall come into effect on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
Chairman of the National Assembly of the Republic of Slovenia
Borut Pahor
Источник - Official Gazette No 7 dated 23rd January 2003
________________________________________
THE CODE OF PROFESSIONAL ETHICS
I recognise the badge of my profession as a symbol of public confidence, that I receive from the Chamber of Detectives of the Republic of Slovenia into my guardianship. I will protect it for the entire period of my loyalty to the ethics of the detective activity. I will always strive to meet this objective and the ideals of my chosen profession and to be a respectable
DETECTIVE
I DECLARE :
I will perform all professional duties of a detective in accordance with the highest moral and ethical standards and I will never do anything wilfully, what could tarnish the reputation of detective profession or the Chamber of the Detectives of the Republic of Slovenia which honoured me with granting of a detective licence.
I, as a detective will not judge the work of other detectives and shall not in any way do anything what could tarnish the reputation of other detectives and detective companies.
I will inform my clients prior to entering a contract about my possibilities and restrictions that I have as a detective, and I will not promise a success to my client, if I knew that the success is questionable or may not be achieved.
I will do all and any inquiries within the frames of order, legitimacy, morality and detective professional ethics.
I will respect mutual agreements as if they were written.
I will not advice my clients to take any illegal or unethical procedures or actions.
I will respect the privacy of my clients, I will not betray their trust and I will keep their secrets as if they were my own.
My guidelines for achieving success shall be the truth, expert knowledge, conscientiousness and deliberateness.
I will report to my clients about the findings (data, information and results of the investigation) with regards to the case I have accepted.
I will inform my clients of favourable and unpleasant facts.
I will convey my clients the latest and as accurate information as possible and within the financial frames and time set out by the client.
My reports shall be correct, truthful, accurate and as complete as possible.
I will not convey the data and information to any other detective, if the nature of information is such, that giving the information could harm the interests of my client, with which I have or have had a business relationship.
I will make a realistic evaluation /quantity and pretentiousness/ of my business and the costs relating to my work in a single case and shall, due to the difficult situation of my client, not seek the advantage for me, that would exceed the value of my work and (justified) expenses.
I will all the time try to improve my professional skills, my general knowledge and my education.
I recognize the Arbitration Board of Honour of the Chamber of Detectives of the Republic of Slovenia as the arbiter in my above stated actions and procedures
________________________________________
HOW TO BECOME A PRIVATE INVESTIGATOR
The Law on Private Investigating Activity states that private investigating activity may be performed by authorised persons holding a private investigator's licence.
The licence is issued to a candidate by the Private Investigation Chamber under the following conditions:
1. that the candidate has citizenship of the Republic of Slovenia;
2. that the candidate has finished a two-year post-secondary or professional higher education institution, and has passed an examination;
3. that the candidate has not been convicted of a crime of intent bound to be prosecuted;
4. that the candidate has not performed an authorized official function within the Ministry of the Interior or intelligence agencies in the last two years.
The examination test (item 2 in the above paragraph) is administered before the board of examiners consisting of two representatives of the Chamber and two representatives of the Ministry of the Interior.
If the criminal proceeding for the crime of intent bound to be prosecuted is conducted against the candidate for a private investigator, the decision whether the candidate fulfils the conditions to acquire the licence is postponed until after the final judgement in the proceeding.
This is what the law says. However, behind these tedious definitions lots of things are hidden. It is not enough to want to become a private investigator. And it is not enough to understand the contents of all 3,869 or so articles in different laws which a private investigator should know and which represent the compulsory material for the examination. It is not enough to pass a very difficult exam before a very strict but fair board of examiners and it is also not enough to finally acquire your private investigator licence. These are only the conditions to start work as a private investigator.
You will only become a private investigator if you perform your private investigating duties effectively. To be effective, you will need suitable personal characteristics and lots of additional skills and experience which are not defined by the law or any regulation on an examination.
Someone who intends to perform private investigating activities, needs a vision, clearly set goals, and an idea of what he/she is going to accomplish as a private investigator. He/she also needs to have business sense and should have a command of at least basic knowledge of the economy and business.
Someone who believes that the clients will come simply because he/she has acquired a private investigator's licence and advertised their services in the public media will soon realise that this is not enough. Furthermore, it is not realistic to expect that a peer, a private investigator who is already performing his/her job, will introduce a new one to the business. The job of a private investigator is very sensitive and this is why the majority of investigators do not disclose their orders and the way they work. Generally, "old hands" do not want to work with probationers.
However, efficiency in the profession can be achieved by those only who possess comprehensive knowledge of a specialized field and have good connections and a network of partners in all professions and in all spheres of public administration and economy. Private investigating is inquiring and the inquiry always begins and ends with good partners. A beginner can, therefore, get a job most easily with the help of his/her acquaintances if they occupy managing positions in for profit companies.
A private investigator should be meticulous. He/she has to know the psychology of people and the way they react. If he/she is not communicative there is not a strong chance of success in this business. He/she should be persistent. He/she should know more about criminalistics than required by the board of examiners. He/she should be capable of empathy and also be intuitive enough to guess when somebody is ready to answer the questions or when somebody is lying …
A private investigator needs to master all techniques of visual documentation of evidence material this ranges from microphotographing to videorecording). He/she should know how to save and document the evidence material and what is important for specific kinds of inquiries.
A private investigator has no working hours and no regular salary. The job must be done no matter what time of the day or week, even on Christmas Eve or New Year's Eve, on Sundays and holidays. Anyone who still believes that his/her future is in this interesting but very demanding activity, can get detailed information about the examination and how to acquire a licence from the Private Investigation Chamber of the Republic of Slovenia.
A beginner can also find some guidelines for work in specialized professional literature.
________________________________________
Official Gazette No 7 dated 23rd January 2003
LAW ON PRIVATE INVESTIGATING ACTIVITY
PRIVATE DETECTIVE ACT
I. GENERAL PROVISIONS
Article 1
This Act shall regulate the private detective activity and conditions governing of pursuit of detective activities.
Article 2
The detective activity shall be carried out by detectives as a liberal profession. Detectives may practice their profession individually or within a detective company in accordance with the provisions of this Act.
The provisions of this Act pertaining to detectives as individuals, shall also apply to detective companies unless otherwise provided by this Act.
Article 3
Detective activity under this Act shall consist of the gathering and conveying of information obtained in accordance with the rights granted to detectives hereunder.
II. THE CHAMBER OF DETECTIVES
Article 4
Detectives in the territory of the Republic of Slovenia shall have a compulsory membership in the Chamber of Detectives of the Republic of Slovenia (hereinafter: "the Chamber").
Article 5
The Chamber shall perform the following tasks:
1. grant and withdraw detective licences,
2. in agreement with the Ministry responsible for Internal Affairs lay down the programme of certification exam for detective practice, as well as the method of knowledge assessment referred to in Article 8 of this Act.
The Chamber shall also conduct the following functions:
1. monitor and discuss the work of its members;
2. adopt a Code of Professional Ethics and measures against its violation;
3. keep a register of detectives;
4. perform other tasks determined by its Statute and provisions of national bodies;
5. supervise the work of its members;
6. determine the design of the identification card referred to in Article 14.
The Chamber shall perform the tasks referred to in Paragraph 1, Items 1 and 2 of this Article as public authority.
The chamber shall render a decision on granting or withdrawing a licence referred to in Paragraph 1 of this Article in an administrative procedure.
The applicant for the detective licence and the detective respectively, has the right to appeal against the Decision referred to in the preceding Paragraph. The Ministry responsible for Internal Affairs shall render a decision on the appeal within 30 days.
The Decision issued in the procedure of granting or withdrawing a licence, shall be submitted to the Ministry responsible for Internal Affairs within 15 days from the date on which it was issued.
Article 6
The Chamber shall provide funds for the implementation of public authorities and its other tasks from:
• membership subscription;
• performing of other tasks laid down by Statute;
The Chamber shall determine the base, amount and mode of membership subscription payment by the Statute.
Article 7
The Chamber shall have the quality of a legal person.
The Chamber shall adopt a Statute, which shall lay down its organization, its bodies and their competences.
The Government of the Republic of Slovenia shall give consent to the part of the Chamber's Statue, pertaining to the execution of its public authority.
III. PERFORMANCE OF DETECTIVE ACTIVITY
Article 8
Detectives shall gather the information, on the basis of written contract for performing detective services for the client and the power of attorney signed by the client, indicating the field of gathering information referred to in Art. 9 of this Act, the object of gathering information and the scope of authorization. For the purpose of practising the detective activity, the detective shall have a licence which may be issued at his request by the Chamber, provided that the detective satisfies the following conditions:
1. the detective shall have the citizenship of the Republic of Slovenia;
2. completed college or higher education and passed detective certification exam;
3. the detective shall not be convicted of intentionally committed criminal offence, which is subject to prosecution ex officio;
4. that the detective held no post of authorized officers at the Ministry of the Interior or intelligence and security services in the past two years;
5. the detective shall be proficient in Slovene;
6. the detective shall be trustworthy for performing a detective activity.
The knowledge assessment referred to in Paragraph 2 of the preceding Article, shall be carried out in front of a commission composed of:
• two representatives of the Chamber,
• two representatives of the Ministry of the Interior.
The applicant does not satisfy the condition referred to in Item 6, Paragraph 1 of this Article, if he had been convicted for the criminal offence and the conviction had become final and absolute and he is due to the criminal offence morally not worthy of being a detective.
If the applicant for a licence or a private detective is a subject to criminal proceedings for intentionally committed criminal offence, which is subject to prosecution ex officio, the decision whether the applicant satisfies the conditions for the granting of a detective licence shall be postponed until the decision in such proceedings becomes final and absolute.
Article 9
The detective may obtain the information directly from the persons to which such information relates, as well as from other persons in the possession of such information, provided that they are willing to give it of their own accord, and from the mass media and only on:
• the missing or hiding persons, debtors, authors or senders of anonymous letters, and persons responsible for material or non-material damage;
• whereabouts of stolen or lost objects;
• evidence required for insurance or proving of rights and entitlements of individual parties before judicial and other authorities and organizations deciding on such rights in the proceedings;
• loyalty of employees with regards to the compliance with the competition clause provision;
• performance and effectiveness of legal persons;
• criminal offences that are prosecuted by private actions and on the perpetrators of such criminal offences;
• employment candidates, within the limits of the powers conferred upon by the employment candidate.
The detective, when gathering information referred to in preceding Paragraph, shall inform the person, that the information is given voluntarily.
The detective has the right to perform the counselling for natural and legal persons in order to prevent criminal offences and other harmful activities.
Article 10
Based on the proof of acceptance of a particular assignment, for the accomplishment of which the detective shall obtain certain information from the records, the database manager shall convey the detectives the information from:
• records on registered vehicles: registration number, owner’s and vehicle’s data,
• resident population records or central population records: permanent and temporary residence information,
• insured persons records: employment data (employer, workplace),
• Slovene ship’s register and aircraft register – information of vessels and owners.
Detectives shall be entitled to examine court and administrative records, if the giver of the authority has such a right himself.
For the purpose of obtaining the information under this Article, the person to whom the requested information relates, needs not be previously informed that the information shall be gathered about the person pursuant to the provisions of the preceding Article. As the evidence from the Paragraph 1 of this Article shall be considered the contract between the detective and the client and a written power of attorney referred to in Art. 8, Paragraph 1 of this Act.
Article 11
In the protection and disclosure of information obtained on the basis of Art. 9 and 10 of this Act, the detective shall act in accordance with the provisions of Personal Data Protection Act. The Minister responsible for Internal Affairs, shall determine the scope and means of protection of personal data referred to in preceding Paragraph, which the detective has to satisfy.
Article 12
The Detective shall be bound to secrecy in matters entrusted to him.
The information and data referred to in Art. 9 and 10 of this Article, gathered by a detective for his client, shall be considered business secrecy and shall not be disclosed to the third party. The detective shall preserve secrecy even after he had conducted and finished the detective service for the client.
If during their assignment the detective gets the information about a criminal offence, which is subject to prosecution ex officio, the detective shall inform the competent authority thereof. The detective shall hand over to the client all and any data gathered within the framework of the contract.
Article 13
The detective shall not perform any tasks, for which the police and judicial authorities are authorized by law (such as debt collection from natural and legal persons). In the performance of their tasks, detective shall not employ methods and resources, which are pursuant to the law, used by authorities of the state.
The detective shall not provide any services to local and foreign security agencies, state authorities and political parties.
The detective may obtain and bear firearms in accordance with the Firearms Act.
Article 14
The detectives shall have a detective identification card issued by the Chamber. When referring to the powers conferred on him by this Act, the detective shall identify himself by showing their detective identification card to the person concerned. At any rate, the detective shall produce the identification card at request of the Inspector for Private Protection or the policeman.
Article 15
The detective licence shall be revoked by the Chamber, if:
• it is established that the data and the evidence on the basis of which the licence was issued, were false or falsified;
• the detective is convicted of premeditated criminal offence, which is prosecuted ex officio, and sentenced to imprisonment exceeding six months, provided that the judgment became final and absolute;
• no longer satisfies the conditions laid down by the Act;
• becomes permanently incapable of performing the detective activity;
• loses his contractual capacity;
• the safety or protection measure of prohibition of performing the detective activities was imposed on the detective;
• the Arbitration board of Honour reaches a definitive conclusion that the licence shall be revoked due to the disciplinary violation.
The validity of the licence shall expire in case of a detective's:
• death,
• written statement that he no longer wishes to carry out detective activity.
The Court shall out of official duty inform the Chamber about the final conviction referred to in line 2, Paragraph 1 of this Article.
Article 16
In cases from the preceding Article, the detective or his statutory representative shall return their licence and identification card to the Chamber.
III.A PERFORMING A DETECTIVE ACTIVITIES BY FOREIGN DETECTIVES IN THE REPUBLIC OF SLOVENIA
Article 16a
A detective from the EU Member State, who acquired the right for performing the detective activities in home country, may under the terms laid down by this Act, perform the following activities in the Republic of Slovenia:
• detective activity under the title “detective”;
• detective activity under the title obtained in his home country;
• detective services.
The home country is the country in which the detective has the right to perform the detective activity under the professional title, acquired under the rules of his home country.
The detective from the EU Member State under this Act is a detective, who has the right to perform the detective activity in any of EU Member States under the professional title, acquired under the rules of this country.
The provisions of this Act concerning the detective from another EU Member State, shall also apply for the detective company from EU Member State, or other forms of joint detective activities.
Article 16b
The detective from EU Member State, may under the condition of reciprocity, conduct the detective activities in the Republic of Slovenia under the title “detective”, with all rights and obligations thereof, if the detective satisfies the conditions referred to in Art. 8, Items 2 to 6 and if he passes the examination in understanding the legal order of the Republic of Slovenia.
The detective from the preceding Paragraph, shall, to the application for the detective licence, enclose the citizenship certificate, the certificate, that he has the right to conduct the detective activity in his home country and other evidence with which he proves that he satisfies the conditions from the preceding Paragraph.
The compliance with requirements referred to in Art. 8, Paragraph 1, Items 2 to 4 of this Act, shall be proved through certificates issued under the Rules of the detective’s home country. The certificates shall be presented in officially certified translation into English and Slovene.
The knowledge assessment of understanding the legal order of the Republic of Slovenia, shall be carried out in front of a commission referred to in Art. 8 of this Act. The Chamber shall together with the Minister responsible for Internal Affairs, lay down the scope and method of knowledge assessment of understanding the legal order of the Republic of Slovenia, with the programme of the detective examination.
The Chamber shall, in agreement with the Ministry responsible for Internal Affairs, grant to the detective referred to in Paragraph 1 of this Article, the licence with the title “detective”, with all rights and obligations that a detective has according to this Act, and the detective identification card, pursuant to Art. 14 of this Act.
Article 16c
The detective from the EU Member State, may in the Republic of Slovenia conduct the detective activity under the professional title acquired in his home country, if he furnishes proof, that he has the right to perform the detective activity in his home country.
The detective shall enclose to the application from the preceding Article, the citizenship certificate and notification or evidence of a possible membership in a Chamber of Detectives or Detective Association in his home or any other country.
The evidence referred to in Paragraph 1 and 2 of this Article, shall be submitted in certified official translation into English and Slovene.
The Chamber shall notify the competent authority of the detective’s home country on the taking-up the detective’s activity.
The detective referred to in Paragraph 1 of this Article, shall pursuit the detective activity de facto and permanently, under the professional title of his home country, expressed in the official language or in one of the official languages of his home country, with the indication of the authority, which registered him in his home country.
Article 16d
The detective referred to in Art. 16b of this Act shall have a compulsory membership in the Chamber and has the right to vote and to be elected in the Chamber’s bodies and to take an active part in the Chamber’s activities in accordance with the Statute.
The Chamber shall register the detective referred to in Art. 16b and 16c of this Act in the record set out in Art. 23 of this Act.
Article 16e
The detective from the EU Member State, not recorded in the foreign detective’s register on the basis of Art. 16b and 16c, may conduct the particular detective activity that falls within the frame of detective activity pursuant to Art. 9 of this Act.
The detective from the preceding Paragraph, shall prior to taking up the single activity, notify in writing the Ministry responsible for Internal Affairs thereof and submit the certificate of registration with the competent authority in his home country and the power of attorney granted to him by the client; Paragraphs 2 and 3 of the Art. 16b of this Act shall apply by analogy. In his notification he shall set out the address, or appoint the representative for service of mail in the Republic of Slovenia.
On the basis of the notification and the evidence from the preceding Paragraph, the Ministry responsible for Internal Affairs shall issue to the detective referred to in Paragraph 1 of this Article, the certificate on notification of taking up a single detective activity and shall send a written notification thereof to the Chamber.
At the request of the Inspector for Private Protection or of the Policeman, the detective from the preceding Paragraph has to submit the certificate, that he has the right to perform a single detective activity that falls within the frame of detective activity pursuant to Art. 9 of this Act.
Article 16f
The detective from the preceding Article, shall comply with the rules of professional practice, which are valid for the detectives in the Republic of Slovenia. While conducting a single detective activity, the detective referred to in Art. 16e, shall use the professional title of his home country, expressed in official language or one of the official languages of his home country, together with the indication of the professional organisation which gave a consent for pursuing the detective activity in his home country.
Article 16g
The detective from another country that is not an EU Member State, may under the condition of actual reciprocity, perform the detective activity or a single detective activity in the Republic of Slovenia.
IV. DETECTIVE COMPANIES
Article 17
Detective company shall be legal person and shall be set up in accordance with the Companies Act as a personal company. (hereinafter: "detective company").
Article 18
The setting up and operation of a detective company shall be governed by company law regulations unless otherwise provided by this Act.
Article 19
The activity of a detective company shall be restricted to the exercise of detective profession.
At least one partner of the detective company shall have a licence for pursuit of detective activity, issued by the Chamber. The business conduct of the detective company shall not be entrusted to a person who is not a detective. The activity of the detective company, may only be conducted by a detective with a licence for the pursuit of a detective activity.
Article 20
The application for registration of a detective company in the court register shall be accompanied by the Chamber's approval.
The issue of the approval may be denied only if not all conditions for the establishment and operation of detective company stipulated by the law, have been satisfied.
The approval from the Paragraph 1 of this Article shall be issued by the Chamber's supreme body, determined by the Statute. The approval shall be considered to have been granted, if the applicant receives no answer within two months after the application had been filed.
Article 21
If certain conditions of organization and operation of detective company are not in accordance with this Act, the detective company shall be wound up.
The winding up of a detective company for reasons from the preceding Paragraph shall be determined by the court on the proposal of the partners or of the Chamber. Before taking the decision on the winding up of the detective company, the court shall give the detective company a time limit of not more than six months within which its organization and operations should be brought into line with the provisions of this Act.
V. INSPECTION
Article 22
Supervision over the implementation of this Act and provisions of this Act, shall be the responsibility of the Ministry responsible for Internal Affairs.
Within the Ministry responsible for Internal Affairs, the inspections shall be carried out by Inspectors for Private Protection (hereinafter: “Inspector”).
The Inspector shall independently carry out the inspection, issue decisions and conclusions in the administrative procedure, for which he is authorized.
The Inspector shall independently supervise the implementation of provisions in the field detective activity; the inspector shall:
• check the existence and validity of detective licences;
• check the existence and subject matter of the registers, which the detective has to keep;
• carry out the inquiries on forbidden activities;
• carry out the inquiries with regards to the information security, with regards to information obtained by detective while conducting a detective activity or in respect thereof;
• cooperate with state authorities and organizations and organizations having the public authority, while conducting the inspection.
The Minister responsible for Internal Affairs prescribes the methods of inspections in the field of detective activity.
Unless otherwise determined by this Act, for the Inspector and the inspection the provisions of the law, laying down the inspections and the provisions of the Administrative Procedure Act shall apply.
Article 22a
The Inspector shall have high or university education in social or legal branch, at least five years of corresponding work experience and professional examination for the Inspector. The Inspector shall demonstrate his authorization for inspection control with the official card, issued by the Minister responsible for Internal Affairs. The Minister responsible for Internal Affairs shall lay down the form and the procedure for the issue of the official cards. The Minister responsible for Internal Affairs shall prescribe the scope and method of professional examination for the Inspector.
Article 22b
The Inspector has beside the general authorization stipulated by the Act governing the inspection control, also the following rights and duties: He shall:
• impose a deadline for the elimination of deficiencies or irregularities in performance of the detective activities;
• propose the withdrawal of a licence, if the detective no longer satisfies the conditions determined by the law, or if the detective fails to eliminate the ascertained irregularities or deficiencies within given period of time;
• propose to the Chamber the Initiation of procedure for the establishment of the disciplinary responsibility;
• propose to the competent authority to enact certain measures;
• impose on-the-spot fine in the events laid down by this Act or propose the institution of the violations procedure in accordance with this Act;
• file a criminal information to the competent authorities, for the criminal offences which are prosecuted ex officio.
Against the Decision issued by the Inspector referred to in line 1 of the preceding Paragraph, an appeal may be submitted to the Minister responsible for Internal Affairs, within 15 days from the day the Decision had been served. The appeal against the Decision shall not delay its execution. The Minister responsible for Internal Affairs, shall render a decision on appeal within 30 days from the date the appeal was filed.
VI. RECORDS
Article 23
The Chamber shall keep and maintain the following records:
• the records of detectives, citizens of the Republic of Slovenia;
• of foreign detectives, which have the right to pursue the detective activity in the Republic of Slovenia under the professional title ”detective”;
• of foreign detectives, which have the right to pursue the detective activity in the Republic of Slovenia under the professional title of their home country.
The Chamber shall upon written request of the Ministry, responsible for Internal Affairs, submit the information from the record of detectives.
Article 24
The record of detectives shall include the following information:
• name and surname;
• day, month and year and place of birth;
• citizenship;
• permanent or temporary residence;
• education;
• occupation;
• employment;
• date of the passed examination before the commission from Article 8 hereof; or the knowledge assessment date of the understanding the legal system of the Republic of Slovenia before the commission from Article 8 hereof;
• date and number of the licence;
• date and number of the detective identification card;
• date of withdrawal of the licence;
• date of withdrawal of the detective identification card.
The records of foreign detectives with the right to perform the detective activity under the professional title from their home country, shall include the data from the lines 1-7 of the preceding Paragraph, the licence number and the information of the authority that issued the licence and detective identification card.
Article 25
The information from the preceding Article shall be gathered directly from individuals to whom they relate.
The gathering and conveying of personal data gathered in accordance with the provisions of the preceding paragraph of this Article and are not regulated by this Act shall be governed by the provisions of the Personal Data Protection Act.
Article 26
Detective shall keep the following records:
• record of contracts for detective services;
• record of gathered information;
• record of filed criminal information.
Article 26a
The records from the preceding Article of this Acts shall include following data:
• customer’s information (name, surname, address of the physical person or firm and head office of the legal person); information on the contract for detective services (serial Number of a Contract, date of concluding a contract and date of fulfilment of a contract); field of gathering information (note of field of gathering information as referred to in Art. 9 of this Act and description of the detective service or subject matter of the contract); authorization data: (serial number of the authorization, date and scope of authorization); date of fulfilment of the contract;
• records on gathered information; sort of gathered information (field of gathered information, data on single information; individual’s information (name, surname, address of permanent or temporary residence); legal person’s information (firm and the head office of legal person); other data relating to certain information;
• records on filed criminal information: criminal information data, for the criminal offences which are prosecuted ex officio (addressee, information date); known information on criminal offence;
Article 26b
The individual is entitled to take an insight into his the records referred to in Art. 26 of this Act immediately after the records are established. Detective shall submit the records for inspection to the Chamber or the Ministry responsible for Internal Affairs at their request.
The Chamber and the Ministry responsible for Internal Affairs, shall protect the personal data from the Art 26 of this Act according to the law and may use them only during the supervision carried out under this Act.
Article 26c
Individual data from the records shall be kept:
• data from the records referred to in Art 26 Item 1 of this Act, shall be kept for five years after the contract had been fulfilled;
• data from the records referred to in Art 26 Item 2 of this Act, shall be kept until the fulfilment of the contract;
• data from the records referred to in Art 26 Item 3 of this Act, shall be kept for five years after the final criminal information had been filed.
After the expiry of time limits from the preceding Paragraph, the detective shall put the records in the archive, save the data from the records of gathered information, which shall be handed over to the customer, when the contract is fulfilled.
Article 27
Personal data shall be kept in the records until the withdrawal of individual detective licences.
After that, the records from Article 24 hereof shall only include the name, address and detective licence withdrawal.
VII. PENAL PROVISIONS
Article 28
Detective shall be fined with at least 150.000 SIT if he:
1. performs detective activity without a written contract concluded with a client or without the written power of attorney granted to him by a client (Article 8, Paragraph 1);
2. gathers information he is not entitled to (Article 9, Paragraph 1);
3. does not inform the person in advance that the information shall be given voluntarily (Article 9, Paragraph 2);
4. fails to secure the information in a scope and in a way as laid down by the Minister responsible for Internal Affairs (Article 11, Paragraph 2);
5. does not protect the obtained data as a business or professional secret (Article 12, Paragraph 1 and 2);
6. acts contrary to the Art 13 of this Act;
7. fails to identify himself with a detective identification card (Article 14);
8. does not keep the obligatory records (Art. 26).
The violation from the Items 1. 2, 5, 6 and 8 of the preceding Paragraph, may also entail a security measure of prohibition of pursuing a detective services for a period from 3 months to 1 year.
The detective shall be fined with 100.000 SIT on –the-spot, for the following violations:
1. if he fails to inform the competent body on a criminal offence which is subject to prosecution ex officio (Article 12, Paragraph 3);
2. if he fails to eliminate the irregularities within the period of time set out by the inspector( Art. 22b, Paragraph 1, line 1);
3. if he fails to submit the records at the Chamber’s of Inspector’s request (Art. 26b, Paragraph 2).
With the fine of minimum 100.000 SIT shall be punished any individual who performs detective services without a detective licence (Art. 8, Paragraph 1).
With the fine of minimum 100.000 SIT shall be punished any foreign detective performing detective services contrary to provisions of Chapter III A of this Act.
The Private Detective Act (Official Gazette of the RS, No 32/94) comprises the following transitional and final provisions.
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 29
Companies registered for the performance of detective activity shall bring their organization and operations into line with this Act and obtain the necessary licences under this Act within one year after the enforcement of this Act.
Article 30
The Chamber shall be established in accordance with the provisions of this Act within one year after its enforcement and shall within six months after its establishment lay down the knowledge assessment programme, the professional code of ethics, the detective identification card design and shall set up the records from Article 5 of this Act.
Before the Chamber becomes operational, its tasks from Items 1. and 2. of the first Paragraph and Items 3., 5. and 6. of the Paragraph 2 of Article 5 hereof shall be carried out by the Ministry of the Interior.
Article 31
This Act shall come into effect on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Private Detective Act (Official Gazette of the RS, No 96/2002) comprises the following transitional and final provisions
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 20
The officials of the Ministry responsible for Internal Affairs, who conducted the inspection of the implementation of the Private Detective Act, shall carry on with their work until the appointment of the inspectors, however not longer than 2 years from bringing this Act into force.
Until the provision from the Art. 22 a, Paragraph 2, of this Act, are issued, the inspector shall identify himself with the power of attorney granted by the Minister responsible for Internal Affairs.
The Chamber of Detectives of the Republic of Slovenia shall bring into line the Statute and other acts with this Act within six months after the enforcement of this Act.
The Minister responsible for Internal Affairs shall issue the provisions from Art. 11, Paragraph 2, Article 22. Paragraph 5 and Art. 22a, Paragraphs 2 and 3, within 6 months after the enforcement of this act.
Article 21
The provision of Art. 2 of this Act shall apply on the twelfth month after the enforcement of this Act.
The provisions of Art. 16a to 16e and Art. 23, lines 2 and 3 of the Act, referring to the records of foreign detectives, shall apply on the day of accession of the Republic of Slovenia to EU.
Article 22
This Act shall come into effect on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
Chairman of the National Assembly of the Republic of Slovenia
Borut Pahor
Источник - Official Gazette No 7 dated 23rd January 2003
