07th August 2020

What Private Detectives Are Allowed to Do – and What They Are Not

In Germany, personal rights are a carefully protected asset. The fundamental freedom of one individual only extends as far as it does not restrict the freedom of another. Where interests conflict, the hierarchy of rights is determined by a balancing of interests. For detective work in Germany, this means that a “legitimate interest” must almost always exist before private investigators such as the Kurtz detectives in Cologne can be engaged. After all, almost every investigation interferes with personal rights.

 

As a consequence, you generally cannot hire a private detective without a valid reason. For example, it is not permissible to have an ex-partner followed after a separation simply to find out what they are doing now. If you still have an emotional interest in a former partner, you may be better advised by tips on websites such as exzurueckexperte.de. However, if you fear that your partner is being unfaithful, there is a substantiated suspicion that your personal interests are being violated by the actions of your spouse or partner. In this case, the requirement of a legitimate interest is met, and Kurtz Investigations Cologne will be pleased to act on your behalf: +49 221 4558 0377.

No Special Powers for Detectives in Germany

Even where a legitimate interest exists, our private detectives in Cologne have no special rights when observing target persons. For example, we are not permitted to tap telephones or install spyware on a smartphone. Breaking locks or attaching tracking devices to vehicles in order to create movement profiles is also prohibited. Professionally trained and ethical detectives ensure that these boundaries are respected, as they form the basis for the high evidential value that detailed investigation reports ideally have before court.

 

This evidential strength is of particular importance in the context of divorce proceedings and the clarification of maintenance matters. Our detectives in Cologne can, for example, prove maintenance fraud by demonstrating that an ex-partner is living in a relationship akin to marriage and is therefore concealing maintenance-relevant information. In such cases, the entitlement to post-marital maintenance ceases (see Section 1579 (2) of the German Civil Code and Sections 1364 et seq. of the German Civil Code).

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Detectives in Germany have no special powers whatsoever. Accordingly, the protected sphere of the most intimate private life is, of course, strictly off limits, and no one needs to worry about being filmed by a private investigator while bathing.

Uncovering Concealed Assets in Cases of Breach of Disclosure Obligations

In the context of court proceedings concerning maintenance, both spouses are usually required to disclose their financial circumstances. However, not all parties always comply with their disclosure obligations. Where there are doubts as to the legitimacy of maintenance claims, Kurtz Investigations Cologne can assist in uncovering the true income situation of the former partner.

 

This includes, among other things, evidence of undeclared secondary employment, concealed inheritances or profitable financial transactions. Even where it must be assumed that the (former) partner has committed a serious breach of duty (for example adultery), it may be advisable to instruct professional investigators to obtain evidence, as maintenance obligations can indeed be affected by such conduct. In many cases, there is an entitlement to reimbursement of the detective costs incurred by the opposing party. We are happy to advise you without obligation on +49 221 4558 0377 or by email at kontakt@kurtz-detektei-koeln.de.

Notice

Kurtz Investigations does not guarantee the accuracy or applicability of information on linked third-party websites.

Editorial: Patrick Kurtz

 

Kurtz Detective Agency Cologne

Zülpicher Straße 58D

D-50674 Köln | Cologne

Tel.: +49 221 4558 0377

E-Mail: kontakt@kurtz-detektei-koeln.de  

Web: https://www.kurtz-detektei-koeln.de/en

Google: https://g.page/kurtz-detektei-koeln

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