Frequently Asked Questions

According to the caselaw, the profession of private investigator is not bound to an obligation of result but of means. Similarly, to a lawyer who cannot certify the outcome of a trial, the private investigator cannot guarantee the success of the cases which are subjected to many hazards independent of its will.

The absence of the result desired by the client cannot lead to a compensable prejudice if the investigator has not failed in their obligation of means (Cas. Civ1, 17-12-2012, n°11-22.494).

We are nevertheless bound by both a duty of advice and by an obligation of means, i.e. to implement all our technical capabilities and investigative rigor, to take all useful measures and mobilize all means necessary to achieve the results defined in the contract.

Subject to the respect of a strict legal framework, the profession of private investigator is regulated in France.

This activity is defined according to the Title II of the Book VI of the Code of the Internal Security, more precisely by the article L.621-1 of the CSI, which states :

” The profession which consists (…) for a person, to collect, even without mentioning their quality or revealing the object of their mission, information or intelligence intended for third parties, in the context of the defense of their interests “.

In addition, in accordance with article L.622-9 of the CSI, the private investigator must obtain, prior to being legally able to practice, an authorization issued by the CNAPS (Conseil National des Activités Privées de Sécurité) a dependency of the French Ministry of Interior which regulates and controls activities of private security through verification of the required diplomas, morality and criminal records.

CAPITAL INVESTIGATIONS is a subsidiary of AVERA, whose recognized expertise in the field of protecting the know-how and assets of companies has enabled it to assist company directors for many years in the context of litigation, by implementing legal strategies, seeking evidence that can be used in court or identifying assets that can be frozen.

Our multidisciplinary team brings together directors of investigations and experts in financial analysis and assets tracing. We work closely with law firms, court administrators, other forensics experts, notaries and accountants.

Moreover, the profession of private investigator is subject to the deontological rules defined in articles R631-1 and following of the Code of internal security, which include a strict obligation of confidentiality.

The French Court of Cassation has established the admissibility of investigation reports in courts of law (C. Cass., Civ 2, 7-11-1962, n°1020).

 In the name of the principle of freedom of evidence, the investigation report is thus considered in the same way as any other means of proof, and its appreciation is left to the magistrate in charge of examining it.

 According to the jurisprudence, the investigation report intended to be produced in court must be objective, detailed and comprehensive. In this respect, we scrupulously respect the legal obligations and the necessary editorial specifics.

 The reports are admissible before civil, commercial, employment and criminal courts.

The time required to carry out a financial investigation varies according to the type of research and analysis to be conducted.

It ranges from a few days for a simple debtor search to several weeks for in-depth financial investigations requiring a high level of technicality and analysis (concealment of income or assets, fraudulent organization of insolvency, complex financial organization, offshore trusts, the use of nominees, etc.).

Article L.511-33 of the Monetary and Financial Code only authorizes the transmission of information covered by bank secrecy to the administrative, banking or judicial authorities in the context of procedures that are listed restrictively.

The use of a private investigator to obtain information covered by banking privacy is therefore illegal.

No information can legally be collected by a private investigator concerning the movements on a bank account or its balance.

On the other hand, in possession of an enforceable title or order, the private investigator is allowed to identify bank accounts held on national territory on behalf of its client.

CAPITAL INVESTIGATIONS is able to intervene on the whole national territory and internationally through the network constituted over the years by its parent company AVERA.

CAPITAL INVESTIGATIONS intervenes, in support of the enforcement of a writ of execution establishing a debt, by carrying out targeted investigations to locate a debtor, to establish and precisely trace their assets (tangible and intangible) and, if necessary, to bring to light any concealment of assets or fraudulent bankruptcy.

In order to protect the interests of our clients and to support better-informed decision making, we regularly carry out investigations to verify the accuracy of the information provided by a future partner, a potential investor, etc.

According to article L.621-1 of the Code of internal security, the activity of private investigation consists for a person “to collect, even without mentioning their quality or revealing the object of their mission, information or intelligence intended for third parties, in the context of the defense of their interests.”

The opposing party will only become aware that investigations have been carried out when the investigation report is submitted to the debates during court proceedings.

CAPITAL INVESTIGATIONS systematically proposes a mission contract or a written mandate defining the mission and the legal framework in which it is carried out (Art. R631-30 of the CSI).

For greater transparency, we take care to precisely define the conditions and means of execution of the mission as well as the methods of determining the cost.