Detectives In Germany | The Detective Profession

For only a few decades, three different professional fields have frequently been equated in public perception: private investigators, store detectives and security personnel. In reality, however, these are areas of responsibility with only limited overlap, which must also be distinguished under trade law. Kurtz Detective Agency Hannover provides information below about the differences and will also be pleased to advise you personally: +49 511 2028 0016.

Distinction Between Detectives And Store Detectives

Private investigators, who in the literal sense of the word are detectives (Latin detegere = to uncover), are tradespeople operating a business subject to supervision pursuant to § 14 GewO (Trade Regulation Act). Businesses subject to supervision are reviewed by the authorities with regard to the reliability and personal suitability of their owners. Store detectives and security personnel, on the other hand, are trades pursuant to § 34 GewO, meaning activities requiring a licence in which the relevant expertise must be demonstrated and financial securities must be provided upon registration of the business.

Store detectives represent a mixed form between detectives and security personnel, as they guard goods and thus carry out an activity of the security trade, while at the same time acting as investigators in terms of observing, stopping and addressing suspects. The term “store detective” has become established in common usage and is used even by most security companies themselves. In legal terms, however, store detectives are “retail security personnel”, which clearly shows that they are not detectives subject to § 14 GewO but security guards pursuant to § 34 GewO. This was established in a ruling of the Bayerisches Oberstes Landesgericht from 1982. Moreover, store detectives are in most cases not self-employed entrepreneurs (as private detectives usually are), but employees or – in dubious security companies – pseudo self-employed individuals.

Training Of Detectives In Germany

Unfortunately, there are no uniform training regulations for the detective profession in Germany, which is why any German citizen with a clean criminal record may register a detective business. Curiously, the poorly paid and professionally far less demanding activity of a store detective is subject to higher entry and qualification requirements than undertaking private investigations as a “real” detective, since the store detective performs a protective activity (protection of the retail trade against shoplifting). Consequently, successfully passing the expert examination pursuant to § 34 GewO at the Chamber of Industry and Commerce and taking out private liability insurance are mandatory in order to work as a store detective. In practice, most reputable private detectives have also passed this examination, although it is not mandatory for them. Most German citizens in any case have liability insurance. Agency owner Patrick Kurtz is no exception in either respect.