September 21, 2020

The National Court files the complaint against Tous by not appreciating evidence of crime

The judge of the National Court Santiago Pedraz has decreed the file of the complaint of the Prosecutor’s Office against the Tous jewelery brand for the crimes of deceptive advertising, continued scam, false document and corruption in business in relation to the composition of certain items of jewelry

The question analyzed by the judge is whether the silver jewelry made by Tous with the technique called “electroforming” (jewelry inside which has a non-metallic component and outside is first-grade silver) could constitute some type of fraud or crime for the consumer

The facts that gave rise to these actions were initiated by a complaint by the Consujoya association filed in Córdoba in December 2018. A few months later, in March 2019, the Córdoba Prosecutor initiated investigation proceedings, subsequently inhibiting the Prosecutor’s Office of the National Court, which was the one that, in November 2019, filed the complaint with the judge in which He argued that the company had sold jewelry filled with non-metallic material, despite advertising them as if they were entirely of gold or silver.

Pedraz dismisses the crime of fraud because there is no deception to the buyer, since at no time is he told that he is acquiring solid silver. “Nor is it clear that the consumer buys the piece weighing that it is solid and that is what the seller has made known,” the car said.

Nor does it consider that there is the crime of misleading advertising or documentary falsity in relation to the certificate of the company that performs the contrasts and that conforms to the regulation of precious metals. Finally, it rejects the crime of corruption between individuals since there is no evidence or evidence that minimally guarantees bribery.

The judge has examined the publicity of the jewels offered by Tous, as well as the certificates of authenticity and guarantee and, in accordance with the Law on objects made of precious metals, concludes that “the pieces discussed would be protected by law and thus be considered like precious metal. “

The instructor remembers that in the certificates that are delivered to the buyer with the piece it is stated that “the articles manufactured by the electroforming process may contain a non-metallic core in order to confer stability”. Along the same lines, the legislation contemplates this possibility in order to materialize unions or confer stability on objects made of precious metals.


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