• Rosa Tous "We are Spanish and it is difficult to be more Catalan than we are"

The judge of the National Court Santiago Pedraz has confirmed the file of the complaint filed against Tous for crimes of misleading advertising, continued fraud, false document and corruption in business in relation to the composition of certain jewelry items. The magistrate's car, supported by a Prosecutor's brief, is particularly hard on the association that denounced Tous' alleged deception.

The magistrate dismisses the appeal for reform of the Consujoya association and imposes, as Tous had requested, the payment of the costs for his " obvious bad faith and recklessness in formulating this appeal, [...] given the clear inconsistency of its claims and the injustice and unreasonableness of its action (distorted presentation of the facts and giving rise to 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 jewelry techniques and knowledge of current legislation ".

The resolution includes the statements of the Office of the Prosecutor in the letter in which it opposed the appeal. "In view of the concurrent circumstances," says prosecutor Joaquín González, "it can be argued that we are witnessing a deceptive manipulation of reality that gave rise to an investigation that, had it not been presented in the terms indicated, would never have been initiated" .

Initially the Prosecutor's Office of the Hearing supported the opening of a criminal case against Tous, in light of the complaint by Consujoya and a subsequent report by the Civil Guard. However, in his latest brief he refers to the "particularities" of the association's actions, "which remained hidden in the initial complaint." "Indeed, this is confirmed," adds the judge.

The self-dismiss all the arguments raised by Consujoya for the reopening of the case, and it does so with an unusual detail in orders that reject reform resources, in which only a previous decision already explained is ratified. One of the allegations of the association was that the case had been closed without having carried out the necessary investigation procedures. Pedraz responds that the pertinent proceedings brought by both the complainant and those carried out by the Civil Guard and the Prosecutors of Córdoba and the National Court have been carried out without delay, and that, as the Public Ministry points out, "they have exposed the reality of the facts. "

"Despite this, surprisingly, the appellant now states that the instructor goes beyond the power given by the aforementioned article because the one called 'basic principle the double judicial intervention' (? of the oral phase '. He may not agree with the file, but the argument he makes is totally unacceptable by pure procedural legal logic for the case. It is not understood, "says the magistrate.

In relation to the existence of evidence of criminality, the instructor argues that the evidence on which the accusation is based is specified solely and exclusively in the interpretation of the standard made by two laboratories and a witness. The instructor, as he did in the initial file, analyzes the regulations on precious metals and states that Article 55 allows the use of non-metallic materials to confer stability and the material used by Tous (non-metallic), according to the purchase certificate is to give stability and "it is not credited that it is not for another destination and, of course, to deceive the consumer."

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  • Tous
  • National audience
  • Civil Guard
  • Cordova

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