Legal Basis for Commissioning an Investigation

In Rhineland-Palatinate, Hesse, Baden, and far beyond—across Germany and internationally—the IHK-certified investigators of the Kurtz Detective Agency Rhine-Neckar conduct investigations into personal matters and criminal offences. Our detectives in Mannheim will gladly explain the case-specific prerequisites for successful investigations and court-admissible evidence in a detailed phone consultation: +49 621 9535 4001.

Below you will find detailed information on the legal commissioning basis for private investigators in Germany:

Jealousy is a passion that searches with zeal for what causes suffering — When may a detective act?

The legal commissioning basis for detectives in Germany is the legitimate interest, which may also take the form of a legal interest, for example through an enforceable title. This legitimate interest serves as a justification for the intrusion into the personal rights of the subject under investigation—intrusions that are unavoidable in the course of detective work. In other words: The legitimate interest must outweigh the protected rights of the target person in order to justify the intervention. To illustrate, consider the suspicion of infidelity, as often depicted—albeit unrealistically—in pseudo-realistic detective shows on television: A man in his late twenties, in a relationship for only two months, commissions a “detective agency” to surveil his girlfriend to ensure she is faithful while he is away. They live separately—he in a flat in Mannheim, she in a small house in Heidelberg. The agency takes on the case and observes the woman whenever the client is not with her.

STOP! Already at this point, both the client and the detective have violated the woman’s personal rights. They do not share a household, the relationship is not of notable duration, and no shared economic obligations exist. Thus, there is no established domestic partnership. Mere distrust does not constitute a legitimate interest that would justify invading the young woman’s highly personal sphere. A reputable investigative service—such as our detective agency for Ludwigshafen, Kaiserslautern, Worms, and the entire Rhine-Neckar region—would decline such an assignment.

What does “court-admissible” mean? When is evidence unusable?

Continuing the fictional scenario above: The TV detective not only observes the woman; he also gains access to her home under a pretext and plants two listening devices. He also hides a camera in the garden. From his vehicle, he monitors image and audio transmissions. When she steps into the garden, he approaches the hedge armed with binoculars and a directional microphone to spy and eavesdrop.

STOP again! This behaviour constitutes multiple legal violations: Invasion of personal rights, trespassing, violation of the confidentiality of the spoken word. Both the detective and the client could be prosecuted—civilly and criminally. All evidence obtained through illegal audio or video surveillance would be inadmissible in court. Even if additional legally gathered evidence existed, the detective’s credibility would be compromised. Our qualified Rhine-Neckar detectives always work strictly within the law to obtain court-admissible evidence. We will gladly advise you on our investigative methods and the legal foundations. For enquiries, please use our contact form, write to us at kontakt@kurtz-detektei-mannheim.de, or call our Mannheim office: +49 621 9535 4001.