Deontological Code

Deontological code


Main precepts

Title I
Custody and moral integrity


Art. 1 The P.I., in the performance of his duties, must thoroughly stick to the general honesty, dignity, sensibility and high professionalism rules, also out of the workplace the P.I. has to keep a faultless behaviour, assumed that when performing duties given by his client the investigator does not only make actions of his own interest but also a main social function of public utility, working alongside the law enforcement officers, if allowed by the law.


Art. 2 The attitude of the investigator towards the client is particularly relevant: his first duty is to inform the latter about all the norms concerning investigations and the legal consequences of the actions performed by the operator, with a particular reference to what stated by Law n. 675/1996.


Art. 3 The conduct of the P.I. toward third parties, being either private citizens or public authorities, has to stick to the maximum availability and respect criteria, always to the maximum extents of the current laws. The investigator has to be thoroughly cooperative with the institutions to which control the investigator is subject, both about giving as many clear investigation details as possible and about performing if asked of being helpful for justice purposes.


Art. 4 The owner of the license and his associates, priorly reported to the responsible Prefecture, must always perform their job duties with the utmost accuracy and effort, always avoiding by any means to commit deeds that might restrict individual freedom. In particular, in respect of the data acquired while performing their duties, they must follow what stated by the L. 675/1996 about privacy protection.


Art. 5 In respect of the norms and the professional deontology, the P.I. must represent and/or defend his client so that his interest comes before his own and a colleague’s or third parties’; if he assumes he’s not able to perform the duty he’s been given, he needs to explicitly refuse the task.

 

Title II
Duty of Secrecy


Art. 6 The investigator, especially in relation to what stated by the privacy norm described in art. 4, must inform his client about the secrecy of the receiver’s information acquired during the investigation, when he is not supposed to inform the latter about having his personal information; as well as inform his client when he’s relieved from requesting the consent of the person involved about the  personal information acquired.


Art. 7 regardless of the correct and the meticulous respect of what stated by Law n. 675/1996 and by GDPR, the relationship with the press, TV or news, has to be characterized according to the respect and the protection of the secrecy of the news acquired for his office. In particular, in the rare cases when he’s not supposed to stick to the secrecy criteria, the P.I. must take into consideration the consequences of publishing the news on the media anyway, via the issue of balanced statements that, of course, never have to damage the dignity of one of his colleagues or his entire cluster.


Art. 8 Every form of advertisement is free, the P.I. can take any initiatives he thinks it’s the most suitable for advertising his activity; neither misleading advertisements, aiming at advertising performances that are not related to what has been licensed by the police, nor  deceiving advertisements that might make clients consider tasks that cannot be performed by the owner of the licensee as possible. Every exploit will be prosecuted civilly or penally as stated by the following articles.

 

Title III
Granting and Termination of Agency


Art. 9 The licensee cannot delegate the management of the investigation; in case the P.I. relies on any partners, he/she has to give exact instructions in order to make an appropriate investigation and the partners by any means will not be able to make their own decision without the P.I.’s consent.


Art. 10 The investigator can avail himself of the help of a colleague to fulfil quite difficult tasks and after prior communication to the Client and following approval given by the latter, also in relation to the reward for his performance.


Art. 11 The investigator before accepting a task, must evaluate carefully if there are any inconsistencies with other prior services; especially he must evaluate the existence of any conflicts of interests among the clients and if, in case, to refuse one of the task he was assigned.


Art. 12 As a freelancer, the P.I. has to be unbiased, also when he joins organizations which might have a political orientation; therefore he cannot get influenced while performing his duties and especially not alter the outcome of the performance in order to favor the association he/she belongs to.


Art. 13 The P.I. who has to obtain an explicit warrant by the Client that takes into account what stated by the Law n. 675/1996, must opt out when the task goes against norms and regulations, i.e. it requires carrying out actions explicitly forbidden meaning that might hinder police investigations.


Art. 14 The P.I. cannot accept a task from a new Client if the secrecy of the information provided by an old one risks to be infringed or when knowing the old Client’s business can be a leverage for the new one.


Art. 15 The norms stated above are enforceable in case of performance capable of originate a conflict of interest described in art. 12, 13 and 14.                                                                                                                                          

Art. 16 The P.I. cannot use by any means the information acquired for his firm channel especially to benefit from it directly or indirectly; he must always remain fair and professional, especially when the information he possesses is particularly sensitive.

 

Title IV
Determination of the Reward

 

Title V
Professional Responsibility Insurance 


Art. 23 It is not mandatory, but it is recommended for sure, that, as security for the duties performed, the P.I., besides the fee paid to the responsible Prefecture at the moment of the issue of the license, draws up an insurance for his own professional responsibility to reasonable extents, always taking into account the nature and the scope of the chances he takes while carrying out his activity.

 

Title VI
Relationships with the Prefecture and the Precinct of Jurisdiction


Art. 24 The P.I. has to explicitly say what actions he has been allowed to carry out by the police, which he is supposed to renew annually, following the Prefecture of jurisdiction also sticking to the current laws in this area.


Art. 25 The P.I., owner of the license ex art. 134 T.U.L.P.S. approved with R.D. n. 773/1931, has to manage directly his business, which he is responsible for, toward third parties and Authorities that have to check on him, not being able by any means to delegate such tasks to anybody else.


Art. 26 In particular, the P.I. must take notes on the register of daily operations, mandatory as stated by the art. 135 T.U.L.P.S. and the related execution Regulation, priorly authenticated by the responsible Police Authority, of: A) name, date and place of birth of the people who ask for the job to be done. B) date and type of the latter, the amount agreed as payment and the outcome of the operation. C) details of ID card or any other document as valid as the former.


Art. 27 It is a duty of the P.I. to work for the Police that properly requires that, agreeing with all the instances he is turned to. The check of his own activity is also included.
Art. 28 The P.I. before hiring partners, has to report their names to the responsible Prefecture which will acknowledge that.


Art. 29 The Police Chief is responsible for the control of the right performance of the P.I. who must collaborate completely in case of inspections.

Title VII
Relationships between P.I.s


Art. 30 Fellowship spirit requires trust between P.I.s in the interest of their own Clients; this never has to make their interests collide with the justice especially when dealing with investigative activity regarding penal defence.


Art. 31 The P.I. will acknowledge as colleagues all the investigators that obtained the authorization by the police issued by the Prefecture of Jurisdiction.


Art. 32 Given the extremely delicate nature of the duty performed by the P.I. all the communications among colleagues have to be considered confidential. This means that the P.I. does not disclose the communications to third parties or his Client; when such communications are written, they have to be marked as “confidential”.


Art. 33 If the receiver is not able to make the communication “confidential” he will be expected to send it back to the sender without disclosing its content.


Art. 34 The P.I. neither can ask for a payment to a colleague of his or a third party nor accept any fees for redirecting or recommending a client.


Art. 35 The P.I. cannot pay anybody a fee or anything else as a counterpart for the submission of a client.


Art. 36 The P.I. can not take an investigative or informative assignment if aware of the fact that the potential client is already professionally assisted by another colleague, unless the client does not expressly relieve him of this obligation or that the colleague communicates that he renounced the service. 


Art. 37 If the P.I. has to take over his colleague for an investigation must priorly inform the latter and must have made sure that all the dispositions regarding payment and expenses owed to the substituted one are set. This duty does not make the new investigator responsible for the payment to the previous one.


Art. 38 If immediate actions for a Client have to be done, before performing the technicalities contained in the art. 37, the P.I. has the power-and-duty to do it as long as he informs immediately the colleague he has taken over.


Art. 39 The P.I. charged of working alongside a colleague for a specific task has to inform the latter.