The proof is the matter of study of our professionals at Group Stamford.
Proof validity
Following what has been established by the Law 23/1993 and by the Royal Decree 2364/1994, detectives are the only ones who can “obtain and present information and proofs about behaviour and private facts” and follows “it will be considered behaviours o private facts those which are related to the financial, working, economical and mercantile fields or to the personal, family or social life, excepting those which take place in homes or restricted areas”.
We are exclusively authorized to get and show proofs, and Group Stamford will take care that this obtaining and presentation of these proofs will be done respecting the right to honour, personal intimacy and own image.
We will study the cases and circumstances so our proofs are valid in the tribunals. Generally, due to the legislation mentioned above, we can take pictures and record everything that occurs in public places and in public premises such as restaurants, shops, bars, etc.
Only homes and restricted areas or private places are out of our reach.
Evidence profitability:
It is not enough that Law authorises us to get and present evidence. They have to be sufficiently consistent so they can prove the facts and thus culminate the aim we were hired for.
Sometimes, Tribunals consider that some of the reports presented cannot be used as evidence due to circumstances that are related to the professional praxis such as:
Insufficient photographic or recorded material
Defective graphic material: unrecognizable people, lack of close-ups.
Reports without accurate information and subjective comments
Lack of documents and complementary research
This is why Group Stamford’s main aim is to obtain the biggest amount of proof and that those evidences reach the highest quality levels when possible.
Ratification in court: privileged testimony and proficient testimony
Our presence in court has traditionally had the status of a testimony proof. However, this is not a plain testimony proof.
Jurisprudence considers our appearance as: a documented testimony, because we do not only testify but we can also provide a written testimony and attach pictures, video and documents: documental part.
Moreover, judges and magistrates consider that we are a privileged testimony and give our reports a veracity plus, above any other testimony.
This occurs because, as the November the 6th’s Supreme Tribunal’s judgement says, the detective “guarantees professionalism” so this “contributes with his or her veracity”.
But our situation has been reinforced after the approval of the new Civil Indictment Law, in which we are considered a proficient testimony, pointing out the highest relevance and credibility of our testimony.