DIFFERENCES BETWEEN PRIVATE AND PRE-TRIAL INVESTIGATIONS

Private investigations and pre-trial investigations are two different forms of investigative actions used to gather evidence and solve cases. While both serve the purpose of uncovering information and resolving legal issues, there are significant differences between the two approaches. Understanding these differences is crucial for individuals seeking investigative services or those interested in pursuing a career in law enforcement or private investigation. In this article, we will review and clarify the differences between private and pre-trial investigations, emphasizing their contrasting features, methodologies and applications.

1. Purpose and objectives of investigations

Pre-trial investigations:

Conducted by law enforcement agencies, such as

- investigators of the National Police

- investigators of security agencies;

- detectives of the Bureau of Economic Security;

- investigators of the State Bureau of Investigation;

- detectives of the National Anti-Corruption Bureau of Ukraine.

They are aimed at ensuring compliance with the law, maintaining public order and protecting society.

They focus mainly on criminal activities and violations of laws.

They are usually initiated in response to reports of crime, citizen complaints or other legal obligations.

They operate within the legal framework and jurisdiction of the relevant governing body.

Private investigations:

Carried out by licensed private investigators or detective agencies.

Serve the interests of private clients, including individuals, corporations or lawyers.

Cover a wider range of cases, including criminal, civil, corporate and personal matters.

Often initiated by clients seeking assistance in resolving legal disputes, suspicions, or gathering information for personal or business purposes.

They are conducted within the framework of applicable law, but with greater flexibility in terms of scope and methods.

2. Power and authority

Pre-trial investigations:

Have legal authority and broad powers granted by the state or governing jurisdiction.

They have the power to make arrests, execute search warrants, seize evidence and interrogate suspects.

They have access to various law enforcement databases, resources and cooperation with other agencies.

Activities are subject to strict legal protocols and oversight to protect the rights of citizens and prevent abuse of power.

Private investigations:

Operate under the direction of a client who pays for their services.

They do not have law enforcement powers such as arrests or execution of warrants.

They rely on investigative techniques such as observation, interviews, background checks, and data analysis to gather information.

Access public documents, online databases, and open-source intelligence.

Adhere to legal and ethical boundaries, respect privacy rights, and avoid illegal or intrusive methods.

3. Resources and limitations

Pre-trial investigations:

Rely on law enforcement resources and infrastructure.

Have access to specialized forensic laboratories, crime scene units and expert personnel.

Benefit from cooperation with other law enforcement agencies, task forces, and interagency cooperation.

They usually have greater access to public funding and government support.

Often face limited resources and heavy caseloads, which can affect response times and the thoroughness of investigations.

Private investigators:

Rely on their own resources or resources provided by clients.

May have access to a network of contacts, informants, or specialized consultants.

Operate within a set budget and scope of work agreed with the client.

Flexible in terms of focusing resources on specific areas or cases of interest to the client.

Do not have the broad resources and coordination available to law enforcement agencies.

4. Reporting and accountability

Pre-trial investigations:

Subject to strict protocols for documenting and reporting results.

Obliged to provide regular updates to management, prosecutors and other stakeholders.

Accountable to the public, government agencies and the justice system.

Findings may result in criminal charges, litigation or other legal action.

Investigations and related documents are generally available through public information requests, subject to legal restrictions.

Private investigations:

Accountable primarily to the client who commissioned the investigation.

They are obliged to maintain confidentiality and protect sensitive information.

Responsible for providing accurate and detailed reports to the client.

The results of an investigation are usually used for civil proceedings, business decisions, or to obtain personal information and cannot lead to criminal prosecution.

Private investigation records are generally not subject to public disclosure laws.

Private and pre-trial investigations differ in their nature, objectives, powers, resources and accountability. Pre-trial investigations are aimed at ensuring compliance with the law and maintaining public order, while private investigations serve the interests of individual clients. Pre-trial investigators have legal grounds and broad powers, while private investigators operate within the law and rely on the authority of their clients. Understanding these differences can help people make informed decisions when they seek detective services or consider a career in law enforcement or private investigation.

If you have any questions or need our services, please do not hesitate to contact us. You can reach our team by calling 380 664476607 (for private clients) or 380505767610 (for corporate clients), sending an email to detectivegrp@gmail.com, or filling out our online form.