JUAN CARLOS I King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: explanatory memorandum 1 security represents one of the basic pillars of coexistence and, therefore, your warranty is an activity essential to the very existence of the modern State, where such a condition, is exercised in monopoly by public authorities. However, progressively has extended by all societies of our environment safety activities for other instances agents or social private, coming to buy in recent decades a boom so far unknown. Here that countries such as Belgium, France, the United Kingdom or Italy have recently passed new laws or amended previous legislation to functionally integrate security private monopoly of security that corresponds to the State.
In this framework is part of this Act, in consideration of the services of private security as complementary and subordinate services regarding the public safety. From there a set of controls and administrative interventions affecting the exercise of the activities of private security. What is sought with these standards is to articulate the powers they may have people create or use the services of private security with the deep reasons on which rests the public security service.
The development of private security that has occurred in our country, from the first regulation of this type of services, in 1974, forced to revise the legal treatment to allow effective control of the large number of companies in the sector and the current guards of safety, whose existence can not be challenged, and every time that it is a means of crime prevention and contributes Therefore, to the maintenance of public security. It should also be taken into account the presence of vigilantes in access and internal security controls not normally have an external significance that undermine the work of the security forces, because they are called to act as partners in tasks which could hardly meet alone.
The analysis of the sector and its circumstances underscore that in parallel to its growth many problems, such as the intrusion, the lack of standards for the approval of products, have appeared poor training of the guards, irregularities in operation and Commission of numerous violations, as well as the sudden absence of essential requirements.
The projection of the Government on the provision of security for private companies and their staff is based on the fact that the services provided are part of the essential nucleus of exclusive competence in matters of public security attributed to the State by article 149.1.29 of the Constitution, and the mission that According to article 104 of the basic text, it is incumbent upon the forces and security bodies, under the authority of the Government, protect the free exercise of rights and freedoms and ensure public safety.
This means that the State security bodies and forces have to be permanently present in the development of private security activities, knowing important information for public safety that is generated in the same and acting with undisputed prominence, provided that such activities detected the occurrence of crimes serious, prosecutable ex officio.
The defense of security cannot be occasion of assault, coercion, ignorance of rights or invasion of the legal and economic spheres of other people. And this is one of the reasons that justify the intense intervention in the Organization and development of the activities of private companies, security forces and State security bodies, which have the constitutional mission of protecting the fundamental rights of all citizens and guarantee their safety.
Faced with a panorama like this it was necessary to make a clarifier effort that, studying all the facts related to the private security, allowed to make a diagnosis of their situation, from which will search for appropriate solutions to order a sector that is still on the rise and that, Furthermore, aims to access new areas of activity within the security.
2. the regulations in force, mainly composed of provisions on security guards and private security companies, is pre-constitutional inspiration, although some of its current formulations obey reworkings promulgated subsequent to the publication of the Spanish Constitution of 1978.
One of the criticisms most openly expressed, and generally coincide, refers not so much to deficiency of standards as to its enormous dispersion and lack of unified and systematic structure, it produces, is clear, gaps or discrepancies of aging and legislation that has been overtaken by the rapid development of the sector.
This has given rise to the emergence of activities prohibited, or not prohibited strictly, but lacking enough legal cover, whose legal treatment with necessary legal range is urgent.
3. Apart from the aspects relating to the training of private security personnel, it is necessary to incorporate into the legal system, through the first Act, and then through the corresponding regulations, provisions demanded by evolution that has operated in the private security sector.
1. deposit and storage of funds by companies of security, not provided for in the regulations, has emerged as a fact and a need arising from natural and automatic, form of transportation funds, determinant of the concentration in the premises of the security companies, which requires its regulatory foresight and its regulation.
Moreover, air transport of funds, although it is not expressly excluded from the legislation in force, it lacks almost specific regulation today and is considered necessary its forecast, mainly when they are involved in the needs of island Territories backgrounds or zones of difficult access for geographical reasons.
2. providing unarmed security guards service constitutes a modality that has been born to the life in the heat of the labour agreements in the sector, through the figure of the so-called, revealing at the same time that in the majority of cases was disproportionate and unnecessary such activities with weapons, where will be only authorized the use of this site where specific circumstances require it.
3. the existence in our country of personal protective services is a reality that cannot be ignored. These services are provided, in the majority of cases, by guards at the service of some registered security companies, and in other cases, by staff of the entities to which belongs the protected.
The attribution to security companies of the possibility of personal protective services would mean normalization and adaptation of such activities to specific regulations that would fill the existing legal vacuum in a real situation but not legally foreseen, and establish strong mechanisms of control by the Administration, as with respect to the services themselves and the staff responsible for providing them.
4. the predominantly rural area in which private guards of the camp operate its functions makes, even though neither the anachronistic aspects of its regulation and the specificity of certain standards are meaningless, must be certain notes features of its legal regime requiring specialties regarding the provisions for security guards.
Consequently, the regulation of the private guards of the camp, which has survived almost a hundred and fifty years and contains elements that respond to specific historical and geographic needs, must be adapted to current needs in the field of the law of private security, taking into account its substantial identity.
5. with regard to the profession of private detective, of long tradition in Spain and in general in Western countries, are found multiple problems, among which the most important are the inadequacy of existing legislation, determining controls or audits of the Administration and legislative systematics, which proposes the alternative of joining the provisions on private security or maintenance of the autonomy of the legislative block.
The failure of regulatory range is evident, if one takes into account that an order of the Ministry of the Interior from January 20, 1981 regulates the requirements and conditions of exercise of the profession; the system of intervention or control of the Government in the Organization, implementation and operation of the agencies, private research; (e) including the penalties applicable to the holders of the agencies and staff linked to them, which has led to the Constitutional Court to declare void Article 12 of this order in the sentence 61/1990, of 29 March.
The possible incorporation of the regulation of the detectives to a private security law has been object of studies and deliberations. As already indicated, their specificity is evident. However, have to take into account reasons of urgency in resolving the policy problems of the profession, which become others, also serious, by derivation, as of the intrusion. But, above all, there is nothing that precludes the opportunity of processing of a law on private security, to try to solve such problems, if one takes into account that in this sector occurs the significant fact that the scope of action is partially common with the bodies and security forces, enabling and advised that they are also identical mechanisms of subordinate coordination and intervention of the police service.
6. Finally, staffing of the normative range sufficient to the development of the penalties applicable to the matter, which, in the legislation currently in force is, of course, urgent and necessary and following mentalities and preconstitucionales guidelines, just support in rules of legal rank, and is content, practically in its entirety, in royal decrees and ministerial orders. Precisely because the sanctioning regime is considered key to arch to guarantee the fulfillment of the goals of the global regulation of the private security, it is essential to incorporate such a regime to a provision with adequate range, which is creating all possible offences, determined the sanctions to impose and is designed the sanctioning procedure, with specification of the competent authorities to apply different sanctions. So the Administration carry out effective control of many activities are regulated, it is essential to address, to elaborate a new provision, sanctioning part to adequately ensure the safety of people and property.
Chapter I General provisions article 1.
1. this law is to regulate the provision by, natural or legal persons, private surveillance and security of persons or goods, which shall be regarded as complementary and subordinate activities concerning public security.
2. for the purposes of this Act, may only perform activities of private security and provide services of this nature the security firms and private security, which will be integrated by security guards, security chiefs and private bodyguards who work on those, the private field guards and private detectives.
3. activities and private security services will be provided with absolute respect to the Constitution and subject to provisions of this law and in the rest of the legal system. Private security personnel will stand in their actions by the principles of integrity and dignity; protection and proper treatment of persons, avoiding abuse, arbitrariness and violence and to act with consistency and proportionality in the use of his powers and the means available.
4. the companies and private security personnel will have special obligation of junior security bodies and forces in the exercise of their duties, lend their collaboration and follow their instructions with regard to persons, property, establishments or vehicles whose protection, supervision or custody are responsible.
1 it is the exercise of the administrative skills necessary for compliance with the provisions of this Act to the Ministry of the Interior and the civil Governors.
2. in accordance with the provisions of the organic law of forces and security corps, corresponds to the national police force control of the entities, services or performances and the staff and resources in the field of private security, surveillance and research.
3. for the purposes indicated in the preceding paragraph, to be provided to the members of the national police, which in each case are competent, the information contained in the Libros-Registros prevented in the cases and in the form determined by law.
4. Likewise, security companies and private detectives will present each year a report on its activities to the Ministry of the Interior, which will give account to the Cortes Generales of the functioning of the sector. This report shall contain list of contracts for the provision of security services concluded with third parties, with an indication of the person with whom he is engaged and the nature of the service, including also other aspects related to public safety, in time and in the form determined by law.
1. the companies and private security personnel not may intervene, while they are exercising the functions that they own, in the holding of meetings and demonstrations or in the development of political or labor disputes without prejudice to maintaining security which they have entrusted persons and goods.
2. neither may exercise any controls on political, trade union or religious opinions or the expression of such views, or create or maintain databases for this purpose.
3 they will have prohibited to communicate to third parties any information you are aware in the exercise of its functions on their customers, people related to these, as well as goods and effects that envelope.
1. in order to ensure safety, only be used regulated measures and the technical and material resources approved, so to ensure their effectiveness and to avoid causing damage or inconvenience to others.
2. the Ministry of the Interior will determine the characteristics and purposes of media material and technical, that they may be amended or cancelled if they vary the conditions or circumstances that determined its approval.
Chapter II article 5 security companies.
1 subject to the provisions of this Act and the regulations that develop it, security companies may only provide or develop the following services and activities: to) monitoring and protection of goods, establishments, shows, contests or conventions.
(b) protection of certain persons, prior authorization.
(c) deposit, custody, counting and sorting coins and banknotes, securities and other objects which, by its economic value and expectations that generate, or dangerous, may require special protection, without prejudice to the activities of financial institutions.
(d) transport and distribution of the objects referred to in the preceding paragraph through the different media, performing them, where appropriate, by means of vehicles whose characteristics are determined by the Ministry of the Interior, in such a way that they can not be confused with the armed forces and security bodies and forces.
(e) installation and maintenance of equipment, devices and security systems.
(f) exploitation of power stations for the reception, verification and transmission of alarm signals and its communication to the forces and security forces, as well as provision of response which is not within the competence of such forces.
(g) planning and advice of security activities referred to in this law.
2. the security companies must ensure training and professional updating of his security personnel. You can create centres of training and updating for the personnel of security companies, in accordance with the provisions of this law.
3. in no case security companies can perform the functions of information and research of private detectives.
1. contracts for the provision of various security services shall in all case recorded in writing, pursuant to official model, and communicate to the Ministry of the Interior, with a least three days to the initiation of such services.
2. However, the provision of personal escorts service can only be performed prior express authorization from the Ministry of the Interior, to be granted individual exceptionally in cases where there are special circumstances and conditioned to the form of provision of the service.
3. the Minister of the Interior shall prohibit the provision of private security services or the use of certain material or technical means when they could cause damage or injury to third parties or to endanger public safety.
1 for the provision of private services or activities of security, security companies must obtain timely administrative authorisation by registration in a registry that will be at the Ministry of the Interior, for which purpose shall meet the following requirements: to) constituted as joint-stock company, company, limited liability, labor Corporation or cooperative society, having exclusive corporate purpose all or any of the services or activities referred to in article 5 of the present law.
(b) in any case, the security companies which provide services with security personnel must have Spanish nationality.
(c) possess a social capital in the minimum amount to be determined, because its object and its geographical scope, which may not be less than that provided for in the legislation on limited companies.
(d) the share capital shall be fully paid up and composed of personal titles.
(e) to have the human resources, training, financial, materials and technicians to be determined because of the purpose and the geographical sphere of action. In particular, when security companies give services for those who need the use of weapons, they shall take measures to ensure proper custody, use and operation, in the form determined.
(f) provide the guarantees established by regulatory means, on the basis of the circumstances expressed in the previous section.
2. However, to security companies which have as their sole object you can exempt installation or maintenance of apparatus, devices and security systems, as well as advice and planning of security activities, regulations from compliance with any of the requirements in paragraph 1 of this article.
3. the loss of any of the listed requirements will result in the cancellation of the registration, which shall be agreed upon by the Minister of the Interior, on reasoned judgment with the interested audience.
Managers and directors of security companies, which will appear in the register referred to in paragraph 1 of the preceding article, shall be: to) be natural persons resident in Spain.
(b) lack of a criminal record.
(c) not having been sanctioned in the two or four previous years for serious or very serious violation, respectively, on security.
(d) not have been separated from the service in the armed forces, forces and security bodies, nor exercising control functions of the entities, services or actions of security, surveillance or investigation private, nor its staff or media, as members of the forces and security corps, in the previous two years.
1. the security companies will be required to inform the Ministry of the Interior of any change that occurs in the ownership of the shares or participations and which affect their social capital, within fifteen days of its modification.
2. Likewise, in equal time, they must communicate any modification of its statutes and any variation which befalls in the personal composition of its organs of administration and management.
Chapter III personnel security section 1 common provisions article 10.
1. for the development of their respective functions, private security personnel must previously obtain the corresponding authorization from the Ministry of the Interior, with the character of administrative authorisation, on record that instruct at the request of the persons concerned.
2. for the empowerment of private security personnel, applicants must be over age, not, in his case, the age determined by law and pass the appropriate tests proving the knowledge and training needed for the exercise of their functions.
3 obtaining habilitation and, at all times, the provision of services shall require the concurrence of the following requirements: to) have Spanish nationality, physical fitness and mental capacity necessary for the exercise of functions.
((((b) meet the requirements set forth in paragraphs b), c) and (d)) of article 8 of this law.
(c) not have been convicted of unlawful interference in the field of protection of the right to honour, to personal and family privacy and self-image, of the secret communications or other fundamental rights, in the five years preceding the application.
4. the loss of any of the listed requirements will result in cancellation of the authorization, which will be agreed upon by the Minister of the Interior, on reasoned judgment with the interested audience.
5. the inactivity of security by more than two years will require its submission to new tests to perform functions which are her own.
2nd guards security article 11 section.
1 the security guards can only fulfil the following functions: to) exercise surveillance and protection of movable and immovable property, as well as the protection of persons that may be on them.
(b) carry out identity checks of access or inside certain buildings, while in no case they can retain the personal documentation.
(c) avoiding the Commission of criminal acts or offences in relation to the object of his protection.
(d) immediately available to the members of security bodies and forces offenders in relation to the object of his protection, as well as the instruments, effects and evidence of the crimes, and can not proceed with the interrogation of those.
(e) carry out the protection of the storage, counting, sorting and transportation of money, securities and valuables.
f) to carry out, in relation to the functioning of plants of alarm, the provision of response services alarms that occur, which does not correspond to security bodies and forces.
2. for the protection function of the storage, handling and transport of explosives or other objects or substances that according to the rules of determined, will need to have obtained a special habilitation.
1. such functions can only be carried out by guards in security companies, wearing the uniform and boasting the distinctive of the charge that are mandatory, which shall be approved by the Ministry of the Interior and that not can be confused with the armed forces and security bodies and forces.
2 guards, within the entity or company which provide their services, will be devoted exclusively to security feature of office, and may not combine it with other missions.
Except the function of protection of transportation of money, securities, property or objects, security guards perform their duties solely in the inside of buildings or properties whose surveillance were responsible, unless such functions can be developed on public roads or in those which, not having such a condition, are in common use.
However, in the case of industrial parks or isolated developments, monitoring and protection services in the way that expressly authorizes may be implanted.
1 security, before the granting of the licenses, guards only develop with firearms functions indicated in article 11, in the cases determined by regulation, among which include, in addition to the protection of the storage, counting, sorting and transportation of money, securities and valuables, the surveillance and protection of factories and warehouses and transport of weapons and explosives industrial or hazardous establishments which are uninhabited and those of similar significance.
2. the weapons appropriate for the security services, whose category is determined according to the rules, has only may carry being of service.
The guards that perform their functions in establishments or facilities in which the security service has imposed mandatory shall conform, in the exercise of labour and trade union rights, what regarding the responsible utility companies provided for in existing legislation.
Section 3 article 16 security chiefs.
When the number of security, organizational or technical complexity, guards or other circumstances to be determined by regulation, make it necessary, the functions of those will play under the direct orders of a head of security, which will be responsible for the operation of the guards and security systems, as well as the Organization and execution of services and compliance with applicable regulations.
Section 4 Article 17 private bodyguards.
1 they are functions of private bodyguards, with exclusive and exclusionary character, escort, defense and protection of certain persons, who do not have the status of public authorities, prevent subject to assault or criminal acts.
2. for the fulfilment of the above functions shall apply to escorts private the precepts of section 2. This chapter and the other matching rules of this law, relating to security, except those concerning uniformity guards.
3. Likewise, it will be application for the exercise of their functions the provisions on the possession of firearms in article 14 of this law.
5th private guards of the camp article 18 section.
Private field guards, who perform duties of surveillance and protection of rural property, shall comply with the regime established in this Act for the guards of security, with the following specialties: to) may not play the role of protection of the storage, handling and transportation of money, securities and valuables.
(b) they may develop the remaining functions, without being integrated into security companies.
(c) the instruction and processing of files relating to his Habilitation shall carry out them to the competent units of the Civil Guard.
(d) the Minister of the Interior shall determine, where appropriate, the weapon suitable for every kind of service providing.
Section 6th private Detectives article 19.
1 private detectives, at the request of natural or legal persons, are responsible: to) obtain and provide information and evidence on behaviors or private events.
(b) in the investigation of offences indictable only upon request on behalf of the entitled in the criminal process.
(c) of the surveillance in fairs, hotels, exhibitions or similar areas.
(2. except as provided in paragraph (c)) of the preceding paragraph, may not provide services of security companies or functions attributed to the staff referred to in the previous sections of this chapter.
3. nor may investigations into ex officio prosecutable offences, and must report immediately to the competent authority any fact of this nature which came to their knowledge and putting at their disposal the information and instruments that could be obtained.
4. in no case may use for their research material or technical means which violate the right to honour, personal or family intimacy or self-image or the secrecy of communications.
In addition to the provisions of article 10 of this law, not can obtain the necessary qualification for the exercise of the functions of private detective officials of public administrations in active employment at the time of the request or during the two years preceding it.
Chapter IV penalties section 1 offences article 21.
1. violations of the norms contained in this law may be minor, serious and very serious.
2. the minor infractions will prescribe two months; the serious, the year, and the very serious, at age two.
The limitation period shall run from the date that the offence had been committed. Infringements arising from a regular activity the starting date of the computation will be the completion of the activity or the last act in which the infringement is consumed.
The prescription is interrupted by the initiation, with knowledge of the data subject, the sanctioning procedure, returning at run time if the record remained paralyzed for six months for reasons not imputable to those against whom it is directed.
Security companies may incur the following violations: 1. very serious offences: to) the provision of security services to third parties, lacking the necessary qualification.
(b) carry out activities prohibited by article 3 of the law on political or labor conflicts, user control, collected personal data or information to third parties about clients or their personnel, in the event that they are not constitutive of offense.
(c) the installation of not approved materials or technical means which are likely to cause serious harm to people or to the general interest.
(d) the refusal to facilitate, where appropriate, the information contained in the regulatory Libros-Registros.
(e) breach of the provisions of the policy on acquisition and use of weapons, as well as availability of gunsmiths and custody of those, particularly the possession of firearms by staff at your service out of cases permitted by this law.
(f) carrying out of security services with weapons outside the provisions of the present law.
(g) the refusal to lend assistance or collaboration with the forces and security bodies in the investigation and prosecution of criminal offences, the discovery and arrest of the criminals or the realization of inspection functions or control their.
(h) the Commission of a third serious offense in the period of one year.
2 serious violations: to) the installation of material or technical means not approved, where the approval is mandatory.
(b) carrying out transport services with vehicles that do not meet the regulatory characteristics.
(c) carrying out functions which exceed the qualification obtained by the security company or the staff at your service, or out of the place or of the corresponding territorial area, as well as the retention of the personal documentation.
(d) the realization of the security services without formalising or inform the Ministry of the Interior of the corresponding contracts.
(e) the use in the exercise of protective functions of persons lacking any of the necessary requirements.
(f) the neglect or omission unjustified of the service by the guards of safety within the established working hours.
(g) the lack of submission to the Ministry of the Interior of the report in the form and time prevented.
(h) not to transmit the State security bodies and forces the alarm signals that are recorded in the private stations, transmitting signals with unjustified delay or communicate false incidents, by negligence, poor or lack of preflighting.
(i) the Commission of a third minor violation in the period of one year.
3 minor offences: a) the performance of security without the proper consistency or media that are statutorily required.
(b) in general, the failure to comply with the procedures, conditions or formalities established by this Act or the regulations that develop it, always not constituting serious or very serious violation.
Staff performing functions of private security may incur the following violations: 1. very serious offences: to) the provision of security services to third parties by staff not integrated in security companies, lacking the necessary qualification.
(b) failure to comply with the provisions contained in this law on possession of weapons out of service and on its use.
(c) the lack of reservation due investigations private detectives or the use of material or technical means which violate the right to honour, to personal or family privacy, self-image or the secrecy of communications.
(d) the sentence by sentence firm for an intentional offence committed in the exercise of their functions.
(e) the refusal to lend assistance or collaboration with the forces and security bodies, when appropriate, in the investigation and prosecution of criminal acts, in the discovery and arrest of criminals or in carrying out the inspection functions or control their.
(f) the Commission of a third serious offense in the period of one year.
2 serious violations: a) the realization of functions or services that exceed the obtained qualification.
(b) the abusive exercise of its functions in relation to citizens.
(c) does not prevent, in the exercise of their professional activity, abusive, arbitrary or discriminatory practice involving physical or moral violence.
(d) the lack of respect the honour or dignity of the people.
(e) carrying out activities prohibited by article 3 of the law on political and labor conflicts, user control or communication of information to third parties about their clients, persons connected with them, or on the goods and effects that envelope.
(f) the exercise of the Trade Union or labour rights regardless of the provisions concerning public services, in the cases referred to in article 15 of this law.
(g) the lack of submission to the Ministry of the Interior of the activity report of the detectives private prevented the form and term.
(h) carrying out investigations into crimes prosecution of trade or the lack of complaint to the competent authority of the crimes that know the detectives in the exercise of their functions.
(i) the Commission of a third minor violation in the period of one year.
3 minor offences: to) the performance without the proper consistency or means, which are statutorily required, staff not integrated into security companies.
(b) the incorrect or inconsiderate treatment with citizens.
(c) in general, the failure to comply with the procedures, conditions or formalities established by this Act or the regulations that develop it, always not constituting serious or very serious violation.
1 it will be considered serious infringement, for the purposes of this Act, the use of alarm devices or other safety devices not approved. However, shall be deemed very serious infringement the use of such devices when they were likely to cause serious harm to people or to the general interest.
2. the use of equipment or safety devices without conform to the rules governing them, or work with damage or inconvenience to other persons, shall be considered mild infraction.
3 will be considered grave breach the contract or use of companies lacking the necessary specific enabling the development of the services of private security, knowing that do not meet the legal requirements to the effect. Contract or use of security personnel, in the same circumstances will be considered mild breach of.
Regulations on matters falling within the scope of this Act may determine the specific pictures of minor, serious and very serious infringements in that materialize the types contained in the foregoing articles.
2: penalties article 26.
The competent authorities for the fulfilment of the provisions of the present law may impose, by the Commission of violations typified in article 22 and in accordance with the provisions, where appropriate, specific regulations, the following penalties: 1. by the Commission of very serious infringements: to) fines from 5.000.001 to 100,000,000 pesetas.
(b) cancellation of the registration.
2 by the Commission of serious offences: to) fine of 50.001 up to 5,000,000 pesetas.
(b) temporary suspension of authorization, for a period not exceeding one year.
3. by the Commission for minor offences:
(b) fines of up to 50,000 pesetas.
The competent authorities for the fulfilment of the provisions of the present law may impose, by the Commission of violations typified in article 23, and in accordance with the provisions, where appropriate, specific regulations, the following penalties: 1. by the Commission of very serious infringements: to) fines from 500.001 up to 5,000,000 pesetas.
(b) final withdrawal of the authorization, permit or license.
2 by the Commission of serious offences: a) fines of 50.001 up to 500,000 pesetas.
(b) temporary suspension of Habilitation, permit or license, for a period not exceeding one year.
3 the Commission of minor offences: a) warning.
(b) fines of up to 50,000 pesetas.
The competent authorities for the fulfilment of the provisions of the present law may impose, by the Commission of violations typified in article 24 and in accordance with the provisions, where appropriate, specific regulations, the following sanctions: a) for very serious offences, fines from 500.001 up to 25,000,000 pesetas.
(b) for violations serious fines of 50.001 up to 500,000 pesetas.
(c) for infractions minor, fines of up to 50,000 pesetas.
Material banned, not approved or improperly used in private security services will be seized and will proceed to its destruction if it were not lawful trade, or to its disposal in another case, in deposit the amount that has to do with administrative responsibilities or other order that is has been incurred.
1 in the field of the administration of the State, the powers to impose penalties provided for in this law shall be: a) to the Minister of the Interior, to impose penalties for cancellation of registration and final withdrawal of the authorization, permit or license.
(b) to the Director of the security of the State, to apply the remaining penalties for offences very serious.
(c) to the Director General of the police, to impose sanctions for serious infringements.
(d) to civilian Governors to impose the penalties for minor offences.
2. against sanction decisions resources provided for in the administrative procedure act may be lodged.
1 graduation of sanctions, when not identified individually in the regulations, the competent authorities shall taken into account the severity and significance of the fact, the possible prejudice to the public interest, the situation of risk created or maintained, to persons or property, recidivism, in his case, and the volume of activity of the security company against who dictate is the sanctioning judgment or the economic capacity of the offender.
2. when the Commission of serious or very serious infringements yielded economic benefits to the authors thereof, the fines may be increased up to the double of such gains.
1. sanctions imposed pursuant to this Act for minor, serious or very serious infractions will prescribe respectively a year, two years and four years.
2. the period of limitation will start counting from the day following that on which is a firm resolution that the sanction is imposed if this had not begun to run, or is violated the fulfillment of it, if I had begun, and will be interrupted since it starts or resumes the execution or enforcement.
Section 3 procedure article 33.
You can not imposed no sanction for violations typified in this law, but by virtue of the procedure by the corresponding organic units, in accordance with the standards contained in articles 133, 134, 136 and 137 of the Administrative Procedure Act. The sanction of minor offences may agree in abbreviated procedure, the interested audience.
Any person who has knowledge of irregularities committed by companies or staff of private security in the development of their activities, may denounce those before the Ministry of the Interior or the civil Governors, for purposes of possible exercise sanction powers that this Act credited.
1 started the record, the body ordered his initiation may take the measures necessary to ensure the adequate instruction of the procedure, so as to avoid the continuation of the infringement or to secure the payment of the penalty, in the case that this was financial, and compliance in other cases.
2 such measures, which shall be consistent with the nature of the alleged violation and commensurate with the gravity of it, may consist in: to) occupation or sealing of vehicles, weapons, material or equipment prohibited, not approved or that is dangerous or harmful, as well as instruments and effects of the infringement.
(b) the preventive withdrawal of permits, permits or licenses.
(c) the administrative suspension of the empowerment of the staff of private security and, where appropriate, the necessary processing for the granting of that duration records instruction for serious or very serious breaches of security.
Above enabling and processing may also be suspended, as long as the process is complete for crimes against such personnel.
3 exceptionally, in cases of serious risk or imminent danger to persons or property, the measures provided for in paragraph to) the previous number, can be adopted immediately by agents of the authority; Although, for its maintenance, must be ratified by the competent authority, within a maximum period of seventy-two hours.
4. when the civil Governors agreed the measure precautionary withdrawal preventive permits, permits or licenses, or administrative suspension of empowerment or processing to grant it to security personnel, must raise relevant to the authority competent for its ratification, individuals must resolve this within seven days.
5 the precautionary measures provided for in paragraphs 2(b)) and 2.c) of this article may not have a duration exceeding one year.
Chapter V implementation article 36.
1. sanctions imposed in matters subject to this law shall take effect since resolution acquires firmness in the administrative.
2. when the punishment is pecuniary nature and intended term is not to satisfy the authority that imposed it designated it, unless it can be less than fifteen nor more than thirty days; fractionation and can remember to payment.
3. in cases of temporary suspension, cancellation of registration, withdrawal of documentation and closing or closing of establishments or enterprises, the sanctioning authority shall designate a sufficient period, which may not be less than fifteen days nor more than two months, listening to the sanctioned and third parties that may be directly affected.
1. for the enforcement of sanctions, follow the procedure laid down in chapter V of title IV of the Administrative Procedure Act.
2. in the case of fines, if these are not fulfilled within a period specified in the resolution, once firm, will be the Executive procedure laid down in the General Regulation of fundraising.
The resolution of the disciplinary proceedings for serious and very serious offences may be made public, pursuant to agreement of the competent authorities, in the terms to be determined by regulation.
To achieve compliance with the resolutions adopted in implementation of the provisions of this law, the competent authorities, listed in article 30, may impose coercive fines, in accordance with article 107 of the Administrative Procedure Act.
The amount of these fines shall not exceed 50,000 pesetas, but may be increased successively in 50 per 100 of the number above in cases of repetition of non-compliance.
First additional provision.
1 security firms regulated in the present law, shall be regarded as sector specific regulation in the area of right of establishment.
2. the authorization of investment of foreign capital in security companies will require in any case report in advance of the Ministry of the Interior.
3. the limitations set out in this provision shall not apply to domestic natural persons of the Member States of the European Economic Community or the companies constituted in accordance with the legislation of a Member State and whose registered office, central administration or principal place of business is within the community.
Second additional provision.
1. pursuant to rules determined by the Government, training, updating and training of private security personnel will be conducted by accredited teachers and training centres, which shall meet requirements of location and conditioning, especially insofar as it refers to the spaces for learning, practice and training in the use of firearms and security systems.
2. without prejudice to the licences or authorizations, regional or municipal, that may be required to become operational, training centres will require authorization from opening of the Ministry of the Interior, which will carry out inspection activities of the Organization and operation of the centres.
3 they will hold not perform functions of direction or management of private security personnel training centres members of the forces and security bodies that have worked in the same control functions of the entities, services or performances, or staff or media in the field of security, surveillance or investigation private in the previous two years.
Third additional provision.
Fall outside the scope of application of this law activities of the custody of the State of installations and property or access control properties inside by personnel other than the Security private and directly hired by the owners thereof.
This staff in any case may carry or use weapons, or use badges or uniforms can confused with those provided for in this law for private security personnel.
Fourth additional provision.
1. the autonomous communities with powers for the protection of persons and goods and for the maintenance of public order, pursuant to the provisions of the relevant statutes and, where appropriate, with the provisions of the law of security bodies and forces, can develop the powers of authorisation, inspection and sanction of the security companies having its registered office in the own autonomous community and the scope limited to the same.
2. for the purposes of information, the exercise of such powers will be reported to the Safety Board.
3. also them shall be responsible for the complaint, and brought to the knowledge of the competent authorities, of the violations committed by the security companies that are not included in the paragraph first of this provision.
First transitional provision.
Registered security companies, security measures and the material or equipment in use prior to the enactment of this law, in accordance with the former regulations, but that do not comply, totally or partially, the requirements or requirements established in this law and the regulations that develop it, must adapt to such requirements and demands (, within a period of one year, to be counted: to) to the new requirements of companies that require regulatory implementation, from the date of enactment of the relevant provisions of development.
(b) as regards the measures adopted, since the promulgation of the rules that regulate them.
(c) with regard to the material or equipment that is in use, since they fall and communicate the corresponding approval resolutions, when it is necessary.
d) respect to matters not included in the preceding paragraphs, since the enactment of this Act.
Second transitional provision.
1 the security guards, the guards of explosives and the guards special of the field which, at the date of entry into force of this law, meet the required conditions for the provision of corresponding services pursuant to the previous regulations, may continue the functions for which they were documented, without obtaining the enabling regulated in article 10 of this law.
2. the security guards and the guards of explosives which, on the date of enactment of this Act, are hired directly by the enterprises or entities that carry out its monitoring functions, may continue such functions without being integrated in security companies for a period of two years from that date, which must necessarily conform to the provisions in article 12 of this law concerning.
Third transitional provision.
After the deadline of two years from the entry into force of the enabling provisions of regulatory development for the exercise of the profession of security guard, staff which, under the names of guards of safety, drivers, or others of similar significance, had been performing prior to this enactment monitoring functions and controls inside of buildings shall not be any of the functions listed in article 11 without having previously obtained the habilitation regulated in article 10 of this law.
Fourth transitional provision.
Private detectives and assistants of them which are accredited as such in accordance with the previous legislation and researchers or informers who officially accredited professional practice for two years prior to that date, on the date of enactment of this Act, may continue the same activities until it expires one year from the enactment of the provisions of development regulation relating to the authorization for the exercise of the profession of private detective. From this period, to be able to exercise the activities provided for in article 19(1) of this Act, must be validated or obtain the necessary empowerment pursuant to the provisions in this law and in the indicated provisions of regulatory development.
Sole repeal provision.
How many rules of equal or lower rank is contrary to the provisions of this law are repealed.
First final provision.
The Government will issue regulations that are accurate for the development and execution of provisions in this law, and specifically to determine: to) requirements and characteristics that must meet the companies and entities subject to regulation.
(b) the conditions that must be met in the delivery of services and private security activities.
(c) the characteristics which should meet the technical means and materials used for this purpose.
(d) the functions, duties and responsibilities of private security personnel, as well as the qualification and functions of the Chief of security.
(e) the empowerment of personnel regime.
(f) the competent bodies of the Ministry of the Interior, in each case, for the performance of the various functions.
Second final provision.
Also enables the Government to update the amount of fines, in accordance with the variations of the consumer price index.
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, 30 July 1992.
JUAN CARLOS R.
The President of the Government, FELIPE GONZALEZ MARQUEZ