Undercover: On the trail of misconduct

By Laura TomassiniLex Kleren Switch to German for original article

We know them mainly from movies, but they are also active in real life: private detectives who investigate unnoticed and without much fanfare. Their reports are considered evidence in disputes and in court, because if anyone can uncover something, it's them.

They had their heyday in the novels of the 19th century and still provide suspense on the big screen today: Agatha Christie's somewhat conceited detective Hercule Poirot, the amateur sleuth Miss Marple, as well as the fabulous private investigator Sherlock Holmes by British writer Arthur Conan Doyle. While the fictional cult figures with their flair for puzzles, clues and intricate connections put a stop to many a criminal and earned worldwide fame and glory for solving their cases, the response to the work of private detectives in real life often looks somewhat different.

Of the once nearly 3,000 private investigators in France, only 300 remain; in Luxembourg, the exact number is unknown. In 2015, however, the spotlight shone once again on a profession that otherwise tends to remain hidden – for the benefit of the investigators themselves, but above all for the benefit of their "victims". Six years ago, four pilots of the Luxembourg-based cargo airline Cargolux became the latter. During dismissal talks after the captains' sick leaves, explosive details of their private lives came to light, prompting the Lëtzebuerger Chrëschtleche Gewerkschaftsbond (LCGB) to investigate.

Only the proper way

In fact, the employer had hired private investigators to monitor the employees and to check their compliance with sick leave, but now the question arose as to the legitimacy of this approach. Since the affair, it has become clear that the reports of private investigators have a legal basis – as long as they were prepared under proper conditions. "In order to be valid in court, the investigative methods must be legal. One may neither wiretap anyone nor rummage through mailboxes, nor may one observe for a disproportionately long period of time. But above all, as a private investigator, you must never interfere with the private lives of suspects", explains Pascal Bonnet.

A native of France, Bonnet has worked as a private investigator for 33 years and is executive director for European affairs at the Conseil National Supérieur Professionnel des Agents de Recherches Privées (CNSP-ARP), the professional association of French detectives. Bonnet's field of work also includes the Grand Duchy, where the detective enjoys good contacts with several law firms. "We have been working with Mr. Bonnet for over ten years, mainly because of his expertise. He has studied law and knows exactly how to write his reports, so most matters can be settled outside the court", confirms one of his lawyer partners.

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