What is suspicion of a vulnerable person abuse?
Abusing of a vulnerable person is an offense according to the Penal Code:
« abusing of a person in a situation of weakness or ignorance or vulnerable due to age, illness, disability, physical or mental deficiency or pregnancy” is punishable by law (article 223-15-2 of the Penal Code).
The offender will use “serious or repeated pressure or techniques capable of altering” the judgment of a vulnerable person with the aim of “leading this person to act or not in a way that will be prejudicial to her”.
According to the civil code of justice , abusing of a vulnerable person is considered as a defect in consent, and may lead to the cancellation of all contracts granted by the person in a state of weakness (article 414-1 of the Civil Code ).
With regard to donations , known as gifts, article 901 of the Civil Code does legislate the same way: “to make a gift, you have to be of sound mind. The donations are nullified when they have been obtain by means of manipulations fraud or violence.
Who has the right to initiate an investigation and search for elements in a case of a vulnerable person abuse?
Anyone who believes they are the victim of an abuse of weakness can initiate an investigation with a private detective. Anybody can also initiate an investigation if they believe that one of their relatives has been a victim of an abuse in relation to their vulnerability.
What are the methods used by a detective in a case of a vulnerable person abuse?
As part of an investigation for abuse of weakness, a private investigator will have to prove that the person or company suspected of abuse fraudulently used the state of ignorance or the weakness of a person to achieve his goals by causing to her serious prejudice . To do so the investigator will carry out administrative investigation, a collection of testimonies, surveillance, tailing , and infiltrations if necessary.
Why calling on a private investigator in a case of vulnerable person abuse?
Calling on a private detective in a case of abuse of weakness will demonstrate the state of vulnerability of the victim with the help of testimonies, a judgment for curatorship or guardianship, a report of medical expertise. The detective will also be able to demonstrate that the person who abused the victim was awared of his vunerability. The issue will be to proove that the victim suffered a prejudice such as loss of money or writing a will under pressure.
Thanks to the evidence collected and provided by the detective’s report, the victim of abuse of weakness will be able, in the case of the signature of a contract, to justify the defect of consent and thus demand the cancellation of the contract. The victim may also ask for punitive damages from the defendant. In the context of extra-contractual civil liability, the victim may initiate criminal proceedings and ask for compensation for the damage suffered.
How much does cost the intervention of a private investigator to search for eidences in a case of a vulnerable person abuse?
Most cases on that matter that the agency handle are based on a daily rate . Do not hesitate to contact our agency . We will review and analyse your case and submit a tailored made proposal.