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121
Temelko Risteski UDK:351.746.2:347.6
Ilina Jovanoska
Tanja Popova
FON University - Skopje
DATA AND INFORMATION COLLECTION BY DETECTIVES FOR NEEDS
OF PROCEDINGS IN FAMILY-LEGAL RELATIONS
Abstract
According to the Law on Detective Activity, the detectives can collect data and
information, among
other things, for people who are disappeared or concealed to detect a person's identity and his domicile or
residence and for evidence relating to the protection or establishment of truth in proceedings before a court
or other state‟s authority. The collection of such data and information is of great importance for the
procedure for divorce, the procedures for establishing and contesting paternity and maternity, in the
procedure for revocation of parental rights, the procedure for adoption of a child, in the procedure of putting
people under guardianship and other procedures for reviewing family-law relations. In the procedure for
divorce there is often a need for data and information collection about behavior and actions of the defendant
spouse when the marriage divorces due to reasonable suspicion for his fault (adultery, abandonment of
marriage more than a year, etc.). Legal valid marriages, despite the divorce, are ended by the declaration the
missing spouse as a deceased. The collection of data and information in this case comes to the fore in
seeking the missing spouse, and the data are used in the procedure for declaring a missing person (spouse) as
dead and proof of death. For the purposes of proceedures for determination and denial of paternity,
detectives can gather data about the persons with whom the child's mother had contacts in last three hundred
days before the birth of the child, in the procedures for determination and denial of motherhood data about
the circumstances under which the child was born and about the persons who were present on the spot
during his birth and immediately after, and other relevant data. In the procedure for revocation of parental
rights, the detectives can collect data and
information about the behavior, the circle of movement and sojourn
of the child and the parent who should be deprived of parental rights due to abuse of the exercise of this right
or gross neglect in the performance of parental duties.
For the purposes of the adoption procedure, detectives can gather data on moral character, behavior and
material conditions under which potential adoptive parents live and other data of importance for successful
performance of adoption duty. Finally, for the procedure of placing under guardianship the minors and the
persons who are deprived or limited in legal capacity, detectives collect data on the personality of potential
guardians, for their moral properties, their behavior, financial situation, etc. During data collection, the
detectives must not violate the privacy of personal and family life of the persons about who they gather data
and information, their dignity and their reputation.
The data and information obtained by the detective cannot be used as evidence in litigation proceedings, but
only as a basis for the initiation of these proceedings. These data has probative value only if the detective is
heard as a witness in the proceedures about the facts and circumstances concerning the data and information
collected by him.
Keywords: detective, data, information, procedure, family-legal
1.
INTRODUCTION
In the Republic of Macedonia detective activity is regulated by the Law on Detective Activity which
Parliament passed in late 1999. The Law on Detective Activity
232
, in Article 12 lists precisely which data
can be collected by detectives. Collecting these data is in function of protection the rights and interests of
the contracting clients of detective services in criminal proceedings, the protection of their personal rights
and interests in private life, the protection of their rights and interests in proceedings before courts, other
232
Official Gazette of the RM, No. 80/99, 66/207, 86/08, 51/11 and 164/13.