Surveillance and shadowing: what is it?
Surveillance and shadowing are so-called discreet investigation techniques, regularly used by private detectives, particularly in the context of civil, criminal and also commercial cases. Regulated by law, surveillance and surveillance are one of the investigative tools recognized within the framework of the right to the administration of evidence with a view to ensuring the defense or safeguarding of the legitimate interests of litigants. These techniques aim to collect #information or evidence in the form of “findings”, and are used to document or expand on ongoing investigations.
Concretely, surveillance and shadowing consist of legally and discreetly following an individual, against whom there are legitimate suspicions, and result in the establishment of direct visual findings relating to their actions. They are usually used in the context of civil (divorce, child custody, etc.), commercial (unfair competition, violation of non-competition clauses, etc.), criminal (theft, fraud, etc.), industrial matters. men (fraudulent sick leave, hidden work, etc.), and more generally all the times where the case in question requires support through direct observations.
At the end of an investigation, the detective reports to the applicant on the elements observed, and usually draws up a “Report” including a summary of the results obtained, a detailed and circumstantial account of the events which he personally witnessed, as well as the facts and/or or the relationship of facts that he has directly and visually observed in direct connection with the object and legal framework of the mission entrusted to him. Observations resulting from surveillance and surveillance are intended to be produced in court.
In the context of a legal procedure, the findings and information resulting from surveillance and surveillance serve as evidence in support of a request, and are intended to materialize or characterize given facts or situations and thus allow magistrates to assess the facts or base a decision. They are generally used in debates to support a legal argument, to support in fact claims or to confirm presumptions on which the resolution of a dispute may depend. When legal and material conditions permit, the findings are accompanied by photographs or videographies which are intended to illustrate the facts observed.
The results of surveillance and surveillance measures can also be used as preparatory elements for an intervention by a justice commissioner (bailiff), or as information to support a preliminary ruling request on the basis of article 145 of the Code of Civil Procedure. On the criminal level and with a view to filing a complaint for example, surveillance and surveillance can constitute a powerful lever allowing the support of a personal action and providing it with all the weight necessary to forcefully and diligently lead to the action. public.
Surveillance and shadowing can also constitute powerful support for personal or professional decision-making, allowing in particular the removal of doubt, the consolidation of an argument or reflection, the identification of latent risks, but also the anticipation or prevention of critical situations.