A private investigator practices a “liberal profession which consists, for a person, of collecting, even without disclosing their identity or the purpose of their mission, information or data intended for third parties, in order to defend their interests” (Article L621-1 of the Internal Security Code).
The National Commission on Ethics in Security (an independent administrative authority created by Law No. 2000-494 of June 6, 2000) designates them as “one of the essential players in ensuring the effectiveness of defense rights” (opinion No. 2008-135 of September 21, 2009).
As holders of sensitive information (parliamentary report No. 117, Senate Law Commission, December 6, 2005), they’re placed within the framework of jurisprudence from the Court of Cassation (Criminal Chamber, July 27, 1936; February 5, 1970).
These professionals are bound by professional secrecy under common law (Paris Court of Appeal, July 9, 1980, 8th Correctional Chamber, Section B – June 30, 1982, 4th Chamber, Section A). Any indiscretion constituting a breach (TGI Paris, May 2, 1978, 17th Correctional Chamber) may result in penalties mentioned in Article 226-13 of the Penal Code (TGI Chalon-sur-Saône, May 30, 2014, 6th Correctional Chamber – Dijon Court of Appeal, January 28, 2016, Correctional Chamber). This also constitutes an offense under the Internal Security Code, notably under Articles R634-1, R631-9, R631-14, R631-21, and R631-29.
The secrecy to which they are bound prohibits them from disclosing confidential information to administrative authorities (Council of State, February 12, 2014, Consideration 9), unless authorized by law, including to control agents who are themselves bound by professional secrecy (Constitutional Council, DCC No. 2004-499, Consideration No. 15, CNIL, July 29, 2004 – DCC No. 99-424 of December 29, 1999 – Council of State, June 24, 2015, No. 367288).
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Our commitments
Respect of the Nation Fundamental Interests and Business Secrecy
Cabinet Arnoult International ensures that the requested investigations do not contravene any legislative or regulatory provisions protecting the Nation fundamental interests or business secrecy, particularly in scientific, industrial, commercial, economic, or financial matters, or matters related to national defense
If they do, the firm refuses to begin or pursue, directly or indirectly, its mission and report to its client.
Preventing conflict of interest
Cabinet Arnoult International refrains from handling cases for clients when a conflict of interest arises, when professional secrecy might be breached, or when its independence may be compromised.
Arnoult International does not accept a mission entrusted by a client if professional secrecy or confidential information obtained through a previous client or mandate might be breached, or if knowledge of the previous client’s affairs might benefit the new client or principal.
Contractual commitments
Cabinet Arnoult International commits to draft a written mandate that clearly defines the mission requested, verifies its legitimacy, and establishes the legal framework in which it operates. Should circumstances require, Cabinet Arnoult International will seek the client’s consent for an extension of the mission.
Cabinet Arnoult International commits to report to its client, upon accepting the case and then regularly, on the methods used to determine fees and prices, as well as on the foreseeable evolution of their amount.
Cabinet Arnoult International requests a retainer to cover expenses and fees before starting any mission. However, this retainer cannot exceed a reasonable estimate of the fees and probable expenses incurred by the mission.
Cabinet Arnoult International commits to report on the execution of the missions entrusted to it by its client. It shall provide copies of documents, reports, or records related thereto, regardless of the outcome of the mission.
Cabinet Arnoult International commits to maintaining, at all times and for each mission, a precise and separate record of fees, of all amounts received, and their allocation, except in cases of a lump-sum agreement.
Before any final settlement, Cabinet Arnoult International provides its client with a detailed account. This account will clearly distinguish fees, expenses, and any other amounts previously received as a retainer or under any other title.