When are our Stuttgart detectives permitted to act? The legitimate interest.

The legal basis for commissioning detectives is the so-called legitimate interest. The necessity of having such a legitimate interest prevents clients from engaging detectives for unjustified or unethical reasons. Private investigators have obligations not only towards their clients but must also consider the legitimate rights and interests of the persons under investigation. To clarify what constitutes a legitimate interest and to explain what is and is not permitted, the following two case examples are provided.

When does a legitimate interest exist and when not? – Example: infidelity in a relationship

Imagine you have been married for several years, but your relationship has long suffered from the suspicion that your husband or wife is having an affair. You are already contemplating divorce proceedings and would like to commission a detective agency such as Kurtz Detective Agency Stuttgart to a) determine whether your suspicion is actually correct and b) – if so – obtain legally admissible proof of this marital infidelity in order to have a court determine who is primarily responsible for the breakdown of the marriage.

In this case, you will leave our Stuttgart office reassured, as the friendly detective has accepted your case and assured you that the evidence-gathering will begin on the agreed date. This is an everyday scenario for our investigators.

Evidence gathered by our detectives can justify a hardship ruling

Let us assume you combine your assignment with the intended divorce proceedings. In that case, the investigation conducted by our Stuttgart detectives is already based on a legitimate interest, as the findings may provide reasons that could persuade a court to agree to a so-called hardship divorce. This would benefit you by allowing you to forgo the normally mandatory one-year separation period.

Financial relevance of the investigation through changes to maintenance regulations

The investigation may also offer a financial advantage, for example if the court recognises such misconduct on the part of your spouse that they, through gross ingratitude, lose their entitlement to maintenance. Consequently, you would not have to pay separation or post-marital maintenance.

In this case constellation, the legitimate interest lies in obtaining factual evidence that may later be used in court proceedings.

A similar case scenario, but no legitimate interest

Now let us assume that an unmarried person approaches our detectives with the same suspicion – infidelity in a relationship. The absence of a marriage is not necessarily a fundamental exclusion criterion for investigations by Kurtz Investigations Stuttgart. However, we must examine your case in detail, meaning our detectives will ask you questions such as: How long has the relationship existed? Do you and your partner share a home? Are there mutual plans for marriage or children? Have you made concrete joint investments based on the assumption of a long-term relationship? Are there any financial dependencies of your partner on you? – and several others. If you answer all these questions in the negative, in most cases we will not be allowed to assist you and must therefore decline the assignment.

In both examples, a legitimate interest may exist from the client’s point of view, but not necessarily from that of the investigating agency – at least not if the agency operates professionally and is not merely interested in taking your money.

Why are reputable detectives obliged to adhere to the principle of legitimate interest?

For ethical, financial and criminal reasons. A detective who conducts investigations against a person without a legitimate interest usually commits a criminal offence, unless deceived by false information from the client, leading them to believe that a legitimate interest existed at the time of commissioning and execution. This is because an investigation without a legitimate interest violates the constitutionally protected right to privacy of the person under investigation. A conviction for such a violation can result in the revocation of the detective’s business licence and, consequently, financial ruin. Detective agencies must therefore comply with applicable laws and moral standards when carrying out assignments. Unjustified or disproportionate intrusions into the private sphere of the target person are strictly forbidden.

Accordingly, proof of a legitimate interest is essential and of utmost importance for every detective agency, including Kurtz Detective Agency Stuttgart, when deciding whether to accept or decline an assignment. If you are unsure whether we may represent your interests through our investigative work in your specific case, do not hesitate to contact us: +49 711 7153 0028 or kontakt@kurtz-detektei-stuttgart.de.