Detectives And German Law:

Justification For Investigations

Private investigators must be legally trained in order to carry out their work in a legally secure manner and in a way that is admissible in court, and to protect the client of the investigation from harm. Unlawful means, that is to say illegal methods of obtaining evidence, must not be used by reputable detectives such as those of Kurtz Investigations Hanover. Otherwise, they would regularly jeopardise their own legal position and that of their clients. Confident command of German law is the foremost principle of every reputable investigator.

Even years after the assignment has been completed, it may happen that the authorities unexpectedly appear at your door in order to hold you accountable for the unlawful investigations of a “detective”. The possible saving in detective costs can suddenly turn into considerable damage. In this context, it is essential that the commissioned detective is aware that no investigations may be carried out without the existence of a legitimate interest.

Case Example of a Legitimate Interest

Let us assume you are a private landlord or work for a company engaged in letting property. You have a tenant who has not paid rent into your account for a long time and cannot be reached – neither by post, nor by telephone, nor in person. You now approach Kurtz Detective Agency Hannover and commission our detectives to locate your tenant or determine his new address.

Is there a legitimate interest in this case? Clearly yes. The legitimate interest consists in locating the tenant in order to be able to claim the outstanding rent. It is therefore not based on mere curiosity, base motives or other grounds for exclusion, but on a specific economic and legal claim.

Where Legitimate Claims exist, Investigations are generally Permissible

In most cases in which investigations can facilitate the enforcement of financial claims, a legitimate interest exists and commissioning our detectives from Hanover is permissible. This also applies, incidentally, in cases of marital infidelity: a marriage is not merely a romantic union, but also a partnership in life in which the “members” share their livelihood and living space. Significant financial interests are therefore involved, which, in the event of marital misconduct and a possible divorce, generally result in maintenance claims.

If detectives act without a legitimate interest and thereby interfere with the privacy of the persons under investigation – which is hardly avoidable – they act immorally and render themselves liable to prosecution. You can therefore see that, alongside utmost discretion, a proven legitimate interest is the highest principle of reputable detective work. Accordingly, consider whether such an interest exists in your matter, or if in doubt seek advice from our detectives in Hanover: +49 511 2028 0016.