This law considers the private detective and private investigator service as part of the private security services and for this reason private detectives must be licensed by the DIASP (Institutional Directorate for Public Security Affairs), organization that is part of the Ministry of Security.

 

With the entry into force of this law, private security companies may offer private detective services, but they have to annually report the list of clients and the nature of the investigations undertaken to the DIASP.

 

Our concern today is that, within the current legislation, private detectives will have specific functions, although not limited to, such as “obtain and produce information and evidence on private conducts and facts; and investigate only crimes that can be reported by the legitimate parties in the trial” and will be obliged to report what so ever crime they get aware of, 

 

Having said that, where is the right to a fair process, the balance between the prosecutor and the defence within the accusatory penal system, in which the defendant must provide his own evidence and counter-evidence? 

 

Law 56 violates the right to a defence because to defendant cannot hire a private investigator with the aim of finding evidence in his/her favour. The private detectives cannot investigate those prosecutable crimes where the prosecutor’s office is obliged to investigate, e.g. murder or fraud; the DIASP can visit the detective’s office, search and find information which they may pass on to the prosecutor; if the client tells the facts to the hired private investigator and among them we have a crime, the private detective must report the crime to the authorities, thus violating the professional secret which is a key feature of the relationship between the defendant and his defence.

 

If you need to find out how to defend yourself in a process in Panama, contact the lawyers of ISOG LAW FIRM.

Usually private investigators cannot do the following:

 

Carry a badge.  In many countries, private investigators cannot carry a badge that could mislead people into thinking they are law enforcement officers. In some cases, private investigators will wear badges that indicate they are private detectives and they might work jointly with local law enforcement. In some other countries, such as in Italy, private investigators are obliged to assist law enforcement officers if requested to do so.

 

Make an arrest.  In most countries, private investigators are not authorized to make an arrest.  However, in some countries it is possible for any citizens to make an arrest under certain specific circumstances, for example when an individual is committing a homicide or endangering the public. This is also possible in Canada, Italy and the United States.  

 

Trespass a private property and take pictures.  Private investigators must have permission for trespassing private residential properties and offices. In case of a criminal defense investigation, private investigators might be allowed to enter a private property or office for conducting a site survey if authorized by the magistrate in charge of the case. In some jurisdictions such as Italy, taking pictures in a public place, e.g. a coffee shop, is prohibited without the consent of the owner of the shop. Even taking pictures from outside a property by the use of high technology means is considered a violation of the law.

 

Wiretap a phone conversation.  Private investigators are prohibited from wiretapping, monitoring phone conversations or computers communications, without consent from at least one of the individuals.  In some countries it is possible to record a conversation if at least one party agrees to do so. In some other countries both parties in the conversation should provide their consent. Even law enforcement officers cannot wiretap phones unless they have been authorized by the magistrate in charge of the investigation and in Panama for example the authorization has to be given by the Supreme Court.

 

Get bank accounts information.  It is possible for private investigators to locate a bank account of an individual through proper a investigation, however they cannot access specific information about these bank accounts.  In some countries, this could be possible in case of a criminal defense investigation, but it would be really difficult to do it due to the fact that banks protect their clients. Unless there is a court order or the private investigation has obtained permission from the bank account holder, it will not be possible to get specific information such as the name of the beneficial owner or a list of all transactions.

 

Get criminal records. Private investigators in some countries could be allowed access to criminal records, depending on the type of investigation. In most cases such information is not public so access is restricted to law enforcement officers.

 

Get phone records.  Private investigators cannot access the list of incoming and outgoing phone calls unless they are authorized by the court or they are conducting a criminal defense investigation. In such investigations thought it would also be possible to get the closer network cell thus tracing the movements of the target.

Get credit reports.  In most countries credit reports are considered private information and thus without the consent of the individual owner of that information, private investigators cannot access such information.

 

It is to remember that information obtained through illegal methods cannot be used in court and in such case the client would only have spent money for nothing.

 

If you need to collect evidence for your case and need to do it in a professional and legal way, you can contact ISOG private investigators and private detectives.