LEGISLATION

The profession is regulated in Spain by Law 5/2014, of April 4, on Private Security, and by the Regulations that develop it, Royal Decree 2364/1994 and by the Order of the Ministry of Justice and Interior of July 7 of 1995. The Private Detectives, at the request of a natural or legal person, will be in charge: Functions In Article 48 of the aforementioned Law, the functions of the Private Detective are regulated, and it says the following: Private investigation services, in charge of private detectives, will consist of carrying out the inquiries that are necessary for obtaining and providing, on behalf of legitimate third parties, information and evidence on private conduct or events related to the following aspects: • a) Those related to the economic field, labor, mercantile, financial and, in general, personal, family or social life, except for that which takes place in domiciles or reserved places. • b) Obtaining information aimed at guaranteeing the normal development of activities that take place at fairs, hotels, exhibitions, shows, contests, conventions, large commercial areas, public places with high attendance or similar areas. • c) Carrying out inquiries and obtaining information and evidence related to crimes that can only be prosecuted at the request of the party on behalf of the legitimate parties in the criminal process. The acceptance of the order of these services by the private detective offices will require, in any case, the accreditation, by the applicant, of the alleged legitimate interest, which will be recorded in the recruitment and investigation file that is opened. . DETECTIVES IN ALICANTE

Prohibitions In Article 37 of the aforementioned law, it says in its section 2: Private Detectives may not investigate crimes that are prosecutable ex officio, and must immediately report to the competent authority any fact of this nature that comes to their attention, and make their Dispose of all the information and instruments that may have been obtained up to that moment. In no case may they use for their investigations personal or technical means that violate the right to honor, personal or family privacy, their own image or the secrecy of communications (fundamental rights of all Spaniards recognized in Art. 19 of the Constitution). Consequence For all the above, it follows that they have a defined and lawful scope of action, being their exclusive and exclusive activity. • Exclusive, because it can only be performed by DETECTIVES authorized by the Ministry of the Interior. • Excluded, since no person without authorization can perform the functions of Private Detective. Civil Procedure Law In the current Civil Procedure Law, the Private Detective appears as an expert witness, granting him his own procedural statute and adapted to his function. In Art. 265, in its section 5, it says that the reports prepared by legally authorized professionals of private investigation, on relevant facts in which they support their claims. On these facts, if they are not recognized as true, testimony will be practiced. In Article 380 of the aforementioned Law, on the interrogation about the facts that appear in written reports, it is cited in its section 1: • The fault of the witness will not proceed due to interest in the matter, when the report had been made by request of one of the parties. • The author of the report must acknowledge it and confirm its content before the pertinent questions are asked. • The interrogation will be limited to the facts stated in the reports. DETECTIVES IN ALICANTE Regulations Private Investigation in Spain has been a legally recognized and regulated activity since 1951, reserved for legally authorized Private Detectives. Currently, Private Investigation is regulated by Law 5/2014, of April 4, on Private Security and its subsequent regulatory development. The Law details, as exclusive functions of Private Detectives, the provision of information and evidence on facts and conduct in the personal and business spheres. Training and Habilitation To carry out these activities, the Law requires the provision of an Official Private Detective License, issued by the Ministry of the Interior to those who meet the requirements of the Law, including university studies of 3 years of duration. The carrying out of the activities of private detectives by persons, national or foreign, without the license of the Ministry of the Interior, constitutes a very serious offense punishable by a fine of 30,001 Euros to 600,000 Euros, regardless of the possible persecution of the responsible person in criminal proceedings. Likewise, whoever REQUESTS the services of those who are not qualified as Private Detectives incurs an infraction, knowing this situation. DETECTIVES IN ALICANTE

DETECTIVES IN ALICANTE