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Law 23/1992 Of 30 July, Private Security.

Original Language Title: Ley 23/1992, de 30 de julio, de Seguridad Privada.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law:

Reason exposure

1

Security represents one of the basic pillars of coexistence and, therefore, its guarantee constitutes an essential activity to the very existence of the modern state which, in such a condition, is exercised in a monopoly by the public power. However, progressively it has been extended by all the societies of our environment the realization of safety activities by other social bodies or private agents, reaching to acquire in the last decades a boom until now unknown. From here countries such as Belgium, France, the United Kingdom or Italy have recently passed new plant laws or amended their previous legislation to functionally integrate private security into the security monopoly that corresponds to the Status.

This law is part of this Law, in its consideration of private security services as complementary and subordinate services to those of public security. From this point, a set of controls and administrative interventions are established, which condition the exercise of security activities by individuals. The aim of these rules is to articulate the powers that citizens may have to create or use private security services with the profound reasons on which the public security service is based.

The development of the private security that has occurred in our country, starting from the first regulation of this type of service provision, in 1974, obliges us to review the legal treatment to allow effective control of the a high number of companies in the sector and the current security juries, whose existence cannot be questioned, since it is a means of preventing crime and therefore contributes to the maintenance of public safety. In addition, it should be noted that the presence of security guards in access and internal security controls does not usually have an external significance that harms the work of the Security Corps, because they are called to act as elements. collaborators in tasks that they could hardly cover on their own.

The analysis of the sector and its circumstances highlight that in parallel to its growth numerous problems have appeared, such as the intrusive, the lack of norms of approval of products, deficient formation of vigilantes, irregularities in their operation and commission of numerous infringements, as well as the absence of essential requirements.

The projection of the State Administration on the provision of security services by private companies and on their staff is based on the fact that the services they provide are part of the core core of the exclusive competence in matters of public security attributed to the State by Article 149.1.29 of the Constitution, and in the mission which, according to Article 104 of the fundamental text itself, is the responsibility of the Security Forces and Government's dependency on protecting the free exercise of rights and freedoms and ensuring security citizen.

This means that the State Security Forces and Corps have to be permanently present in the development of private security activities, knowing the information that is important for public security. the same is generated and acting with indisputable prominence, provided that such activities detect the occurrence of serious criminal acts, which are subject to ex officio.

defense of security cannot be the occasion of aggression, coercion, ignorance of rights or invasion of other people's legal and economic spheres. And this is one of the reasons that justify the intense intervention in the organization and development of the activities of private security companies, by the State Security Forces and Corps, which have the constitutional mission. to protect the fundamental rights of all citizens and ensure their security.

In view of a picture as described, it was necessary to make a clarifying effort that, studying all the facts that revolve around private security, allowed to make a diagnosis of his situation, from which he was buscasen the right solutions to order a sector that is still on the rise and which, in addition, aims to access new areas of activity within security.

2

The current regulations, made up mainly of provisions on private companies and security guards, are of pre-constitutional inspiration, although some of their current formulations are due to reworking. promulgated after the publication of the Spanish Constitution of 1978.

One of the most openly expressed, and generally coincidental, criticisms is not so much about the deficiency of the norms as its enormous dispersion and its lack of unitary and systematic structure, which it produces, of course, Gaps or gaps in legislation that are ageing and which have been overcome by the rapid development of the sector.

This has resulted in the emergence of prohibited, or strictly prohibited, activities but lacking sufficient legal coverage, whose legal treatment with necessary legal status is urgent.

3

Apart from the aspects related to the professional training of private security personnel, it is considered necessary to incorporate into the legal system, through the Law first, and subsequently by means of the corresponding Regulation, the forecasts demanded by the evolution that has been operated in the private security sector.

1. The deposit and storage of funds by security firms, which is not provided for in the existing rules, has emerged as a natural and automatic consequence of the transport of funds, which is a determining factor in the concentration of These are in the dependencies of the security companies, which requires their regulatory foresight and regulation.

For its part, the air transport of funds, although not expressly excluded from the current legislation, is practically free of specific regulation at present and is considered necessary for its forecast, mainly when are involved in the needs of island territories or areas of difficult access for geographical reasons.

2. The provision without arms of the security guards ' own service constitutes a modality that has been born to the heat of the labor conventions of the sector, through the figure of the so-called , revealing itself to the time that in most cases it was unnecessary and disproportionate to carry out such activities with weapons, from which only the use of weapons will be authorized when the concrete circumstances so require.

3. The existence in our country of personal protective services is a reality that cannot be disavowing. These services are provided, in most cases, by vigilantes at the service of certain registered security firms and, in other cases, by personnel of the entities to which the protected person belongs.

The attribution to the security companies of the possibility of carrying out personal protection services would mean the normalization and adaptation of this type of activities to a specific regulation that would fill the legal vacuum. existing, in the face of a real but not legally foreseen situation, with the establishment of strong control mechanisms by the Administration, as regards the services themselves and the staff responsible for providing them.

4. The predominantly rural area in which the particular field of the field is carried out makes it necessary, although there is no sense or the specificity of certain rules or the anachronistic nature of certain aspects of its regulation, to maintain certain characteristic notes of its legal regime that require specialties with respect to the established security guards.

Consequently, the regulation of the country's particular guards, which has survived almost one hundred and fifty years and which contains elements that respond to specific historical and geographical needs, must be adapted to the current requirements in the area of the Private Security Act, taking into account their substantial identity.

5. With regard to the profession of private detective, already a long tradition in Spain and in general in the Western countries, multiple problems are detected, among which the most important are the insufficiency of the current regulations, the determination of controls or interventions of the Administration and of legislative systematic, which raises the alternative of its incorporation to the provisions on private security or maintenance of the autonomy of the normative block.

The inadequacy of the normative range is evident, bearing in mind that an Order of the Ministry of the Interior of 20 January 1981 regulates the requirements and conditions for the exercise of the profession; the system of intervention or control of the State Administration in the organization, implementation and operation of the private research agencies; and even the sanctioning regime applicable to the operators of the agencies and the personnel associated with them, which has led the Constitutional Court to declare Article 12 of that Order null and void in the Judgment 61/1990 of 29 March.

The possible incorporation of the detectives ' regulation into a Private Security Act has been the subject of studies and deliberations. As has already been stated, its specificity is evident. However, it is necessary to take into account the urgent need to resolve the legal problems of the profession, of which other, also serious, by-shunt, such as the one of intrusive. But, above all, there is nothing to prevent taking advantage of the opportunity to deal with a Private Security Act, in order to try to solve such problems, if you take into account that the substantial fact that the law is being produced in this sector also occurs. The scope of action is partly common with that of the Security Corps and the Security Forces, which allows and advises that the mechanisms of subordinate coordination and intervention of police services are also identical.

6. Finally, it is, of course, urgent and necessary to provide the necessary regulatory range for the development of the sanctioning regime applicable to the matter, which, in the legislation currently in force and following pre-constitutional mentalities and guidelines, It has little support in law-ranging standards and is contained, practically entirely, in Royal Decrees and Ministerial Orders. Precisely because the sanctioning regime is considered the arc key to ensure compliance with the purposes of the global private security system, it is essential to incorporate this regime into a range of measures (a) appropriate, in which all possible infringements are established, the penalties to be imposed and the penalties for the sanctions procedure shall be determined, with the specification of the competent authorities to apply the various penalties. In order for the Administration to make effective control of how many activities are regulated, it is essential to address, when making a new provision, the sanctioning party in order to ensure adequate security of persons and goods.

Chapter I

General provisions

Article 1.

1. The purpose of this Law is to regulate the provision by persons, natural or legal persons, private of services of surveillance and security of persons or property, who shall have the consideration of complementary and subordinate activities in respect of the of public security.

2. For the purposes of this Law, only private security activities and services of this nature can be carried out by security firms and private security personnel, which shall be composed of security guards, security chiefs and private escorts working on those, private field guards and private detectives.

3. Private security activities and services shall be provided with absolute respect for the Constitution and subject to the provisions of this Law and the rest of the legal system. Private security personnel will be involved in their actions to the principles of integrity and dignity; protection and correct treatment of people, avoiding abuse, arbitrariness and violence and acting with congruence and proportionality in the use of their powers and the means available.

4. Companies and private security personnel shall have a special obligation to assist the Security Forces and Forces in the exercise of their duties, to assist them in their cooperation and to follow their instructions in relation to persons, goods, establishments or vehicles for which protection, surveillance or custody are in charge.

Article 2.

1. It is for the exercise of the administrative powers necessary to comply with the provisions of this Law to the Ministry of the Interior and the Civil Governors.

2. In accordance with the provisions of the Law of Forces and Security Corps, it is up to the National Police Corps to control the entities, services or actions and personnel and means in matters of private security, surveillance and research.

3. For the purposes set out in the previous paragraph, members of the National Police Corps, who are competent in each case, shall be provided with the information contained in the Records-Records prevented in the cases and in the form that rules are determined.

4. In addition, security companies and private detectives will present each year a report on their activities to the Ministry of the Interior, which will account for the General Courts of the operation of the sector. This report shall contain a list of the contracts for the provision of security services concluded with third parties, with the indication of the person with whom the contract is contracted and the nature of the service contracted, including the other aspects relating to public security, in time and in the form that they are regulated.

Article 3.

1. Undertakings and private security personnel may not intervene, while exercising their own functions, in the holding of meetings and demonstrations or in the development of political or labour disputes, without prejudice to the maintain the security they have entrusted to persons and property.

2. They shall also not exercise any kind of controls on political, trade union or religious views, or on the expression of such opinions, nor shall they create or maintain data banks with such an object.

3. They shall be prohibited from communicating to third parties any information they know in the exercise of their duties on their clients, persons related to them, as well as the goods and effects they are guarding.

Article 4.

1. In order to ensure safety, only regulated measures and approved material and technical means may be used in such a way as to ensure their effectiveness and to prevent damage or inconvenience to third parties.

2. The Ministry of the Interior shall determine the characteristics and purposes of such material and technical means, which may be modified or cancelled when the conditions or circumstances that have been approved for approval vary.

Chapter II

Security companies

Article 5.

1. Subject to the provisions of this Law and the regulatory standards that develop it, security undertakings may only provide or develop the following services and activities:

a) Surveillance and protection of goods, establishments, shows, competitions or conventions.

b) Protection of certain persons, subject to prior authorization.

(c) Deposit, custody, counting and classification of coins and banknotes, securities and other objects which, due to their economic value and expectations which they generate, or because of their danger, may require special protection, without prejudice to the activities of the financial institutions.

(d) the transport and distribution of the objects referred to in the previous paragraph through the various means, making them, where appropriate, by means of vehicles whose characteristics are determined by the Ministry of the Interior; so that they cannot be confused with those of the Armed Forces or those of the Security Forces and Corps.

e) Installing and maintaining security devices, devices, and systems.

(f) Operation of power stations for the reception, verification and transmission of alarm signals and their communication to the Security Forces and Bodies, as well as the provision of response services for which they are not carried out competence of such Forces and Bodies.

g) Planning and advising the security activities referred to in this Law.

2. Security firms must ensure the training and professional updating of their security personnel. They may set up training and updating centres for the staff of security firms, in accordance with the provisions of this Law.

3. In no case will the security companies be able to perform the functions of information and investigation of the private detectives.

Article 6.

1. Contracts for the provision of the various security services shall in any event be recorded in writing, in accordance with the official model, and communicated to the Ministry of the Interior, at least three days in advance of the initiation of such services. services.

2. However, the provision of the service of personal escorts may be carried out only after the express authorization of the Ministry of the Interior, which shall be granted individually and exceptionally in cases where special circumstances are met and conditional on the form of service delivery.

3. The Minister of the Interior shall prohibit the provision of private security services or the use of certain material or technical means where they may cause damage to third parties or endanger public safety.

Article 7.

1. For the private provision of security services or activities, security undertakings shall obtain the appropriate administrative authorisation by registering them in a register to be carried out at the Ministry of the Interior, to which they shall be must meet the following requirements:

(a) Constituency as a public limited liability company, limited liability company, public limited liability company or cooperative society, having as its exclusive social object all or any of the services or activities referred to in the Article 5 of this Law.

(b) In any case, security companies providing services with security personnel must have Spanish nationality.

(c) To have a social capital in the minimum amount to be determined, by reason of its object and its geographical scope of action, which may not be lower than that laid down in the legislation on public limited liability companies.

d) Social capital must be fully disbursed and composed of nominative titles.

e) Contar with the human, training, financial, material and technical means to be determined by reason of the social object and the geographical scope of action. In particular, where security undertakings provide services for which the use of arms is required, measures shall be taken to ensure their proper custody, use and operation in the manner determined.

(f) To provide guarantees to be established by regulatory means, due to the circumstances set out in the previous paragraph.

2. However, security undertakings which are exclusively subject to the installation or maintenance of equipment, devices and safety systems, as well as the advice and planning of safety activities, may be exempted from this. (a) rules governing compliance with any of the requirements laid down in paragraph 1 of this Article.

3. The loss of any of the indicated requirements will result in the cancellation of the registration, which will be agreed upon by the Minister of the Interior, in a reasoned decision dictated by the interested party.

Article 8.

The administrators and directors of the security companies, which shall be listed in the Register referred to in paragraph 1 of the previous Article, shall:

a) Being a natural person resident in Spain.

b) Carishing criminal records.

(c) Not having been sanctioned in the previous two or four years for serious or very serious infringement, respectively, in the field of security.

(d) Not having been separated from the service in the Armed Forces, Forces and Security Corps, nor having exercised control functions of the entities, services or activities of private security, surveillance or investigation; his staff or media, as members of the Security Forces and Corps, in the previous two years.

Article 9.

1. Security firms shall be obliged to inform the Ministry of the Interior of any changes in the ownership of shares or units and those affecting their share capital within 15 days of their modification.

2. They shall also, in the same period, communicate any changes to their statutes and any variation in the personal composition of their administrative and management bodies.

Chapter III

Security personnel

Section 1. Common Provisions

Article 10.

1. In order to carry out their duties, the private security personnel must obtain prior authorization from the Ministry of the Interior, with the character of administrative authorization, on the file to be instructed to instance of the stakeholders themselves.

2. For the purpose of enabling private security personnel, applicants must be of age, not having reached the age to be determined on a regulated basis and to pass the appropriate evidence to establish knowledge and the training required for the performance of their duties.

3. Obtaining the enablement and, at all times, the provision of the services will require the concurrency of the following requirements:

(a) Having the Spanish nationality, physical fitness and psychic capacity necessary for the exercise of the functions.

b) Meet the requirements set out in Article 8 (b), (c) and (d) of this Law.

c) Not having been convicted of unlawful interference in the field of protection of the right to honour, personal and family privacy and the image itself, the secrecy of communications or other fundamental rights, in the five years prior to the application.

4. The loss of any of the indicated requirements will result in the cancellation of the rating, which will be agreed upon by the Minister of the Interior, in a reasoned decision given to the interested party.

5. The inactivity of the security staff for longer than two years will require your submission to new tests to be able to perform the functions that are your own.

Section 2. Security Watchers

Article 11.

1. Security guards may only perform the following functions:

(a) Exercise the supervision and protection of movable and immovable property, as well as the protection of persons who may be present in the same.

b) Perform identity checks on access or inside certain buildings, without in any case being able to retain personal documentation.

c) Avoid the commission of criminal acts or violations in relation to the object of their protection.

d) Immediately make available to the members of the Security Forces and Corps the criminals in relation to the object of their protection, as well as the instruments, effects and evidence of the crimes, not being able to proceed to the interrogation of those.

e) To protect the storage, count, classification, and transport of valuable money, values, and objects.

f) Carry out, in relation to the operation of alarm stations, the provision of response services for the alarms that occur, the performance of which does not correspond to the Security Forces and Bodies.

2. For the purpose of protecting the storage, handling and transport of explosives or other objects or substances which are determined to be determined, a special rating must have been obtained.

Article 12.

1. Such functions may only be carried out by the guards integrated in security firms, wearing the uniform and bearing the flag of the charge which are mandatory, which shall be approved by the Ministry of the Interior and not may be confused with those of the Armed Forces and those of the Security Forces and Corps.

2. The watchmen, within the entity or undertaking where they provide their services, shall be exclusively dedicated to the security function of their office, not being able to engage with other missions.

Article 13.

Except for the purpose of protecting the transport of money, securities, goods or objects, security guards shall perform their functions exclusively within the buildings or the properties of which they are responsible. in charge, without such functions being able to be developed on public roads or in those which, not having such a condition, are of common use.

However, in the case of industrial estates or isolated developments, surveillance and protection services may be implemented in the form expressly authorised.

Article 14.

1. Security guards shall, after the granting of the relevant licences, only develop with firearms the functions referred to in Article 11, in the cases where they are determined, including those which shall be understood, in addition to the protection of the storage, counting, classification and transport of valuable money, values and objects, the supervision and protection of factories and warehouses or the transport of weapons and explosives, of dangerous industries or establishments which are in depopulation and those of similar significance.

2. The appropriate weapons to perform the security services, the category of which shall be determined by regulation, may only be carried out of service.

Article 15.

Vigilantes who perform their duties in establishments or facilities in which the security service has been imposed compulsorily, shall, in the exercise of their legitimate labour rights and trade unions, with respect to public service undertakings, to have existing legislation in place.

Section 3. Security Chiefs

Article 16.

When the number of security guards, organizational or technical complexity, or other circumstances that are determined to be regulated, as necessary, the functions of those shall be performed on the direct orders of the a security chief, who shall be responsible for the operation of the security guards and security systems, as well as for the organisation and execution of the services and the enforcement of the applicable rules.

Section 4

Article 17.

1. They are the functions of private escorts, with exclusive and exclusive character, the accompaniment, protection and protection of certain persons, who do not have the status of public authorities, preventing them from being subjected to aggression or acts criminal.

2. The provisions of Section 2 shall apply to the private escorts for the purposes of the said tasks. of this Chapter and the other rules agreed in accordance with this Law, relating to security guards, except for uniformity.

3. It shall also apply to them for the exercise of their duties the provisions on the possession of weapons in Article 14 of this Law.

Section 5. Particular Field Saves

Article 18.

The country's particular guards, who will exercise functions of surveillance and protection of rural property, will abide by the regime established in this Law for security guards, with the following specialties:

(a) They cannot perform the function of protecting the storage, handling and transport of valuable money, values and objects.

b) They can develop the remaining functions, without being integrated into security companies.

(c) The instruction and processing of the files relating to their qualification shall be carried out by the competent units of the Civil Guard.

(d) The Minister of the Interior shall determine, where appropriate, the appropriate weapon for the provision of each class of service.

Section 6. Private Detectives

Article 19.

1. Private detectives, at the request of natural or legal persons, shall be responsible for:

a) To obtain and provide information and evidence on private conduct or facts.

b) From the investigation of perseguable crimes, only at the request of a party for the commission of the legitimized in the criminal proceedings.

(c) Surveillance at trade fairs, hotels, exhibitions or similar fields.

2. Subject to the provisions of subparagraph (c) of the preceding paragraph, they may not provide services of the security undertakings themselves or perform functions assigned to the staff referred to in the preceding Sections of this Chapter.

3. Nor shall they be able to carry out investigations into offences of their own motion, and they shall immediately inform the competent authority of any act of this nature which shall come to their knowledge and make all the information available to them. and the instruments they may have obtained.

4. In no case shall they be able to use material or technical means for their investigations which are against the right to honour, personal or family privacy or the image itself or the secret of communications.

Article 20.

In addition to the provisions of Article 10 of this Law, they will not be able to obtain the necessary qualification for the exercise of the functions of private detective the officials of any of the Public Administrations in the the time of the application or during the two years preceding it.

Chapter IV

Sanctioning Regime

Section 1. Infractions

Article 21.

1. Infringements of the rules contained in this Law may be minor, serious and very serious.

2. Minor infractions will be prescribed at two months; the serious ones, the year, and the very serious, at two years.

The limitation period shall be counted from the date on which the infringement was committed. In the case of infringements arising from an ongoing activity, the initial date of the calculation shall be that of the completion of the activity or of the last act in which the infringement is consumed.

The prescription will be interrupted by the initiation, with the knowledge of the person concerned, of the sanctioning procedure, returning to run the deadline if the file remained paralyzed for six months for cause not imputable to those against whom you are addressing.

Article 22.

Security companies may incur the following violations:

1. Very serious breaches:

a) The provision of security services to third parties, lacking the necessary enablement.

(b) The carrying out of activities prohibited in Article 3 of this Law on political or labour disputes, control of opinions, collection of personal data or information to third parties on clients or their staff, in the event that they are not a criminal offence.

c) The installation of unapproved material or technical means that are liable to cause serious harm to persons or to general interests.

d) The refusal to provide, where appropriate, the information contained in the Regulatory Records.

e) Failure to comply with regulations on the acquisition and use of arms, as well as on the availability of arms and the custody of those, particularly the possession of weapons by personnel at their service outside the cases permitted by this Law.

f) Performing security services with weapons outside the provisions of this Law.

g) The refusal to provide assistance or collaboration with the Security Forces and Forces in the investigation and prosecution of criminal acts, in the discovery and detention of the criminals or in the execution of the functions inspection or control that corresponds to them.

h) The commission of a third serious infringement in the period of one year.

2. Serious breaches:

(a) The installation of unapproved material or technical means, when the approval is required.

(b) The performance of transport services with vehicles that do not meet the regulatory characteristics.

(c) The performance of functions that exceed the rating obtained by the security firm or by the personnel at its service, or outside the place or the corresponding territorial scope, as well as the retention of the documentation personnel.

d) The performance of the security services without formalizing or communicating to the Ministry of the Interior the conclusion of the corresponding contracts.

e) The use in the exercise of security functions of people who lack any of the necessary requirements.

f) The unjustified abandonment or omission of the service by the security guards within the established workday.

g) The lack of presentation to the Ministry of the Interior of the report of activities in the form and deadline prevented.

(h) Not to transmit to the State Security Forces and Corps the warning signs recorded in private power stations, to transmit the signals with unjustified delay or to communicate false incidents, due to negligence, malfunction or lack of prior verification.

i) The commission of a third minor infringement in the period of one year.

3. Minor infractions:

(a) The performance of the security personnel without due uniformity or the means that they regulate are enforceable.

(b) In general, the failure to comply with the formalities, conditions or formalities established by this Law or by the rules that develop it, provided that it does not constitute a serious or very serious infringement.

Article 23.

Personnel performing private security functions may incur the following violations:

1. Very serious breaches:

(a) The provision of security services to third parties by non-integrated personnel in security companies, lacking the necessary enablement.

b) Failure to comply with the provisions of this Law on the possession of weapons outside the service and on their use.

c) The lack of adequate reservation regarding the investigations carried out by private detectives or the use of material or technical means that attack the right to honor, personal or family intimacy, to the own image or the secret of communications.

d) The conviction by a firm sentence for a criminal offence committed in the performance of his duties.

e) The refusal to provide assistance or collaboration with the Security Forces and Forces, when appropriate, in the investigation and prosecution of criminal acts, in the discovery and detention of the criminals or in the carrying out the inspection or control functions that correspond to them.

f) The commission of a third serious infringement in the period of one year.

2. Serious breaches:

a) Performing functions or services that exceed the enablement obtained.

b) The abusive exercise of their duties in relation to citizens.

c) Not to prevent, in the exercise of their professional performance, abusive, arbitrary or discriminatory practices involving physical or moral violence.

d) The lack of respect for honor or the dignity of people.

e) The performance of activities prohibited in Article 3 of this Law on political and labor conflicts, control of opinions or communication of information to third parties on their clients, persons related to them, or about the goods and effects that they protect.

(f) The exercise of trade union or labour rights outside the scope of the provisions for public services, in the cases referred to in Article 15 of this Law.

g) The lack of presentation to the Ministry of the Interior of the report of private detectives ' activities in the form and deadline prevented.

(h) The conduct of investigations into criminal offences or the failure to report to the competent authority of the offences known to the private detectives in the performance of their duties.

i) The commission of a third minor infringement in the period of one year.

3. Minor infractions:

(a) Action without due uniformity or means, which are regulated by law, by non-integrated personnel in security companies.

b) Incorrect or inconsiderate treatment with citizens.

(c) In general, the failure to comply with the formalities, conditions or formalities established by this Law or by the rules that develop it, provided that it does not constitute a serious or very serious infringement.

Article 24.

1. The use of alarms or other non-approved safety devices shall be considered to be a serious infringement for the purposes of this Law. However, the use of such devices shall be deemed to be very serious when they are liable to cause serious harm to persons or to general interests.

2. The use of safety devices or devices without complying with the rules governing them, or their operation with damage or inconvenience to third parties, shall be considered to be a minor offence.

3. The contracting or use of undertakings lacking the specific rating necessary for the development of private security services shall be considered to be a serious infringement, in the knowledge that they do not meet the legal requirements for this purpose. The consideration of a minor infringement shall be the hiring or use of security personnel, in the same circumstances.

Article 25.

The rules of matters falling within the scope of this Law may determine the specific tables of minor, serious and very serious infringements in which the types contained in the articles are specified. above.

Section 2. Sanctions

Article 26.

The authorities responsible for compliance with the provisions of this Law may impose, by the commission of the offences established in Article 22 and in accordance with the provisions of the regulations, specific, the following sanctions:

1. For the commission of very serious infringements:

a) Multas from 5,000,001 to 100,000,000 pesetas.

b) Cancellation of enrollment.

2. For the commission of serious infringements:

a) Multa from 50,001 to 5,000,000 pesetas.

(b) Temporary suspension of the authorisation, for a period not exceeding one year.

3. For the commission of minor infractions:

a) Aperception.

b) Fines of up to 50,000 pesetas.

Article 27.

The competent authorities for compliance with the provisions of this Law may impose, by the commission of the offences referred to in Article 23 and in accordance with the provisions laid down in the regulations, specific, the following sanctions:

1. For the commission of very serious infringements:

a) Multas from 500,001 to 5,000,000 pesetas.

b) Definitive withdrawal of the enablement, permit, or license.

2. For the commission of serious infringements:

a) Multas from 50,001 to 500,000 pesetas.

b) Temporary suspension of entitlement, permit or license, for a period not exceeding one year.

3. For the commission of minor infractions:

a) Aperception.

b) Fines of up to 50,000 pesetas.

Article 28.

The competent authorities for compliance with the provisions of this Law may impose, by the commission of the offences established in Article 24 and in accordance with the provisions of the regulations, specific, the following sanctions:

a) For very serious infractions, fines of 500,001 up to 25,000,000 pesetas.

b) For serious violations, fines of 50,001 up to 500,000 pesetas.

c) For minor infractions, fines of up to 50,000 pesetas.

Article 29.

The prohibited material, not approved or improperly used in private security services, will be seized and will be destroyed if not out of legal trade, or to its disposal in another case, leaving the the amount that is obtained to deal with the administrative or other responsibilities that may have been incurred.

Article 30.

1. In the field of State Administration, the sanctioning power provided for in this Law shall be:

(a) To the Minister of the Interior, to impose the penalties for cancellation of the registration and final withdrawal of the rating, permit or license.

b) To the Director of State Security, to impose the remaining sanctions for very serious violations.

c) To the Director-General of the Police, to impose penalties for serious violations.

d) To Civil Governors to impose sanctions for minor infractions.

2. The remedies provided for in the Law on Administrative Procedure may be brought against the sanctioning resolutions.

Article 31.

1. For the purposes of grading penalties, where they are not individually indicated in the Regulations, the competent authorities shall take into account the seriousness and significance of the event, the possible damage to the public interest, the situation of risk created or maintained, for persons or property, the recidivism, where appropriate, and the volume of activity of the security undertaking against whom the sanction resolution or the economic capacity of the offender is issued.

2. Where the commission of serious or very serious infringements has generated economic benefits for the authors of the infringements, the fines may be increased to more than double those gains.

Article 32.

1. Penalties imposed pursuant to this Law for minor, serious or very serious infringements shall be prescribed for the year, two years and four years respectively.

2. The limitation period shall begin to be counted from the day following the day on which the judgment imposing the penalty is signed, if the penalty has not been commenced, or since the enforcement of the sanction has been broken, if the started, and will be interrupted since execution or compliance is started or resumed.

Section 3. Procedure

Article 33.

No penalty may be imposed for the offences defined in this Law, but under the procedure instructed by the corresponding organic units, in accordance with the rules contained in Articles 133, 134, 136 and 137 of the Law of Administrative Procedure. The penalty for minor offences may be agreed in the short procedure, with the person concerned.

Article 34.

Any person who has knowledge of irregularities committed by companies or private security personnel in the development of their activities, may report to the Ministry of the Interior or the Civil Governors, to effects of possible exercise of the sanctioning powers conferred upon them by this Law.

Article 35.

1. The Commission, acting in accordance with Article 1 (1) of Regulation (EU) No No 1 of the European Parliament and of the Council of the European Parliament, of the European Parliament and of the Council of the European Parliament and of the Council [1] sanction, in the event that it is a pecuniary, and the compliance of the same in the other cases.

2. Those measures, which must be consistent with the nature of the alleged infringement and proportionate to the seriousness of the infringement, may consist of:

(a) The occupation or seal of vehicles, weapons, equipment or equipment prohibited, unapproved or dangerous or harmful, as well as the instruments and effects of the infringement.

b) Preventive withdrawal of the enablement, permissions, or licenses.

(c) The administrative suspension of the provision of the private security personnel and, where appropriate, the processing necessary for the granting of the security, while the case of serious or very serious violations continues. (i) severe safety.

It will also be possible to suspend the indicated enablement and processing until the end of the process 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 (a) of the preceding number may be taken immediately by the officials of the authority, but for maintenance purposes, have to be ratified by the competent authority within the maximum period of seventy-two hours.

4. When the Civil Governors agree to the precautionary measure of preventive withdrawal of the ratings, permits or licenses, or of administrative suspension of the rating or the processing to grant it to the security personnel, they must raise the relevant individuals to the competent authority, for ratification, and must be resolved within seven days.

5. The precautionary measures provided for in paragraphs 2 (b) and 2 (c) of this Article shall not be longer than one year.

Chapter V

Running

Article 36.

1. The penalties imposed in the matters covered by this Law shall be enforceable since the decision has been established on the administrative path.

2. Where the penalty is of a pecuniary nature and no time limit is provided for satisfying it, the authority which imposed the penalty shall not be less than 15 or more than 30 working days; the fractionation of the payment.

3. In cases of temporary suspension, cancellation of registration, withdrawal of documentation and closure or closure of establishments or undertakings, the sanctioning authority shall indicate a sufficient period of execution, which shall not be less than 15 days. not more than two months, hearing the sanction and third parties who may be directly affected.

Article 37.

1. For the enforcement of sanctions, the procedure provided for in Chapter V of Title IV of the Law on Administrative Procedure shall be followed.

2. In the case of fines, if the fines are not met within the time limit set in the resolution, the executive procedure provided for in the General Recovery Regulation shall be followed.

Article 38.

The resolution of the sanctioning files for serious and very serious infringements may be made public, pursuant to the agreement of the competent authorities, in the terms that are determined to be determined.

Article 39.

In order to achieve compliance with the resolutions adopted pursuant to this Law, the competent authorities, as referred to in Article 30, may impose periodic penalty payments in accordance with the provisions of this Law. Article 107 of the Law of Administrative Procedure.

The amount of these fines will not exceed 50,000 pesetas, but may be increased successively by 50 per 100 of the previous amount in cases of reiteration of the default.

Additional disposition first.

1. The security undertakings governed by this Law shall have the status of sector with specific regulation on the right of establishment.

2. The authorization of foreign capital investments in security companies will in any case require prior report from the Ministry of the Interior.

3. The limitations laid down in this provision shall not apply to natural persons who are nationals of the Member States of the European Economic Community or to companies formed in accordance with the laws of a Member State. Member States and whose registered office, central administration or principal place of business is within the Community.

Additional provision second.

1. Subject to the rules laid down by the Government, the training, updating and training of private security personnel shall be carried out by accredited teachers and training centres, which shall meet the requirements of location and conditioning, especially as regards spaces for the learning, practice and improvement of the use of firearms and safety systems.

2. Without prejudice to licences or authorizations, autonomic or municipal, which may be required to enter into operation, the training centres shall require the approval of the Ministry of the Interior, which shall carry out inspecting the organisation and operation of the centres.

3. Members of the Security Forces and Security Corps who have exercised the same functions as the control of the security forces shall not be the holders of, or the management of, or the management of training centres of the private security personnel. entities, services or actions, or personnel or means in the field of private security, surveillance or research in the previous two years.

Additional provision third.

The activities of custody of the state of installations and goods or of control of accesses carried out inside buildings by personnel other than private security shall be excluded from the scope of this Law. directly contracted by the holders of the same.

This personnel may in no case be able to carry or use weapons, or use any flags or uniforms that may be confused with those provided for in this Act for private security personnel.

Additional provision fourth.

1. The Autonomous Communities with powers for the protection of persons and property and for the maintenance of public order, in accordance with the provisions of the corresponding Statutes and, where appropriate, with the provisions of the Law of Forces and Bodies of Security, may develop the powers of authorization, inspection and sanction of the security companies that have their registered office in the Autonomous Community itself and the scope of action limited to it.

2. For the purposes of information, the exercise of such privileges shall be communicated to the Security Board.

3. It shall also be the responsibility of the complaint, and brought to the attention of the competent authorities, of the offences committed by the security undertakings which are not included in the first paragraph of this provision.

First transient disposition.

Security companies registered, security measures taken and the equipment or equipment in use prior to the enactment of this Law, in accordance with the previous regulations, but which do not comply, total or in part, the requirements or requirements laid down in this Law and in the rules which develop it, shall be adapted to such requirements and requirements within a period of one year, which shall be counted:

(a) With regard to the new requirements of companies requiring regulatory action, from the date of enactment of the corresponding development provisions.

b) As to the measures taken, since the enactment of the rules that regulate them.

(c) As to the material or equipment that is in use, since the corresponding approval resolutions are issued and communicated, where necessary.

(d) Regarding matters not covered by the foregoing paragraphs, since the enactment of this Law.

Second transient disposition.

1. The security juries, the juries of explosives and the private juries of the field who, on the date of entry into force of this Law, fulfil the conditions required for the provision of the corresponding services in accordance with the above rules, may continue to perform the functions for which they are documented, without the need to obtain the regulated habilitation in Article 10 of this Law.

2. Security juries and juries of explosives who, on the date of enactment of this Law, are engaged directly by the companies or entities in which they perform their duties of surveillance, may continue by performing such functions without being integrated into security undertakings for a period of two years from that date, from which they shall necessarily comply with the provisions of Article 12 of this Law.

Transient Disposition third.

After the expiry of the two-year period from the entry into force of the regulatory development provisions relating to the exercise of the profession of security watchdog, the staff who, under the names of security guards, controllers or other similar signifiers, having previously been issued to the promulgation of surveillance and controls in the interior of buildings, shall not be able to carry out any of the functions listed in Article 11 without previously obtaining the rating regulated in Article 10 of this Law.

Fourth transient disposition.

Private detectives and auxiliaries of the same who, on the date of enactment of this Law, are accredited as such under the previous legislation and the investigators or informers who credit officially the professional exercise for two years prior to that date, may continue to carry out the same activities until one year after the enactment of the regulatory development provisions relating to the enabling for the exercise of the profession of private detective. From that period of time, in order to be able to carry out the activities provided for in Article 19.1 of this Law, they shall validate or obtain the necessary qualification in accordance with the provisions of this Law and the provisions of this Law. regulatory development.

Single repeal provision.

As many rules of equal or lower rank are repealed, they are contrary to the provisions of this Law.

First disposition first.

The Government shall dictate the regulatory standards that are necessary for the development and implementation of the provisions of this Law, and in particular to determine:

(a) The requirements and characteristics to be met by undertakings and entities subject to regulation.

b) The conditions that must be met in the provision of services and performance of private security activities.

(c) The characteristics to be met by the technical and material resources used for this purpose.

d) The duties, duties and responsibilities of private security personnel, as well as the qualification and duties of the security chief.

e) The enabling regime for such staff.

(f) The organs of the Ministry of the Interior competent, in each case, for the performance of the various functions.

Final disposition second.

The government is also empowered to update the amount of the fines, in accordance with variations in the consumer price index.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 30 July 1992.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ