March 1, 2021

Judge Pedraz confirms the file of the investigation against Tous



The judge of the National Court Santiago Pedraz has confirmed the file of the investigation against the Tous firm, thereby confirming the decision he took at the end of January, not appreciating deception in the marketing of gold and silver jewels by the brand.

In a known car on Monday, the head of the central Court of Instruction number 1 follows the criteria of the National Hearing Prosecutor’s Office, which after evaluating the evidence carried out to date ruled out evidence of the irregularities alleged by the complainants, and condemns them to the payment of the costs for “bad faith” procedural.

The cause is based on the complaint filed by the Association of Consumers and Users of Jewelry (Consujoya) at the end of 2018 before the Civil Guard of Córdoba, in which he warned that he had detected that several Tous jewelry models were filled with a material not metallic

This version was collected by the Prosecutor of the National Court, which last December requested the imputation of both the brand and the company that performs the quality controls of the products.

In its brief, the Public Ministry reported the possible “involvement of a very important number of products allegedly placed on the market with deceptive or fraudulent advertising,” about four million pieces, by a company “implanted in more than 45 countries, with some 400 establishments and a sales volume in Spain of more than 350 million euros. “

In addition to deceptive advertising, usually punishable by fines of 12 to 24 months, he asked to investigate alleged crimes of continued fraud, accounting falsehood and corruption in business, all denied by the company.

However, once the interrogations were concluded and the investigation file was decreed, the Prosecutor’s Office opposed the Consujoya appeal since “in view of the circumstances it can be argued that we are witnessing a deceptive manipulation of the reality that gave rise to an investigation that, had it not been presented in the terms indicated, it would never have begun. “

Therefore, Judge Pedraz rules out reopening the case and imposes the costs on the association for his “obvious bad faith and recklessness in formulating an appeal (…) given the clear inconsistency of his claims and the injustice and unreasonableness of his action” .

According to the letter of the magistrate, there is a “distorted presentation of the facts” that led to the “confusion of the investigation of the case since the complaint, especially in the case of an association, it is assumed, expert in precious metals and technical jewelry “that knew” the current legality “.

Regarding the technical controversy of electroforming, the car continues, “as there is no ‘prohibition’, the regulation on precious metals would allow Tous to manufacture and market the parts in question, without also having to request authorization for it.”

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