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

In a car, the magistrate concludes that it cannot be said that the facts could be considered a crime nor the practice of any other diligence requested by the initial complainants, the Consujoya association, be required.

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

precious metal

The judge examines the publicity of the jewels offered by Tous, as well as the certificates of authenticity and guarantee and, in accordance with the Law of objects made of precious metals, concludes that "the pieces discussed would be protected by law and thus be considered as of 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 means of 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.

Pedraz dismisses the crime of fraud because there is no deception to the buyer, since at no time he is told to buy solid silver. "It is not even clear that the consumer buys the piece weighing that it is solid and that is what the seller has told him."

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 resolution explains that the events 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 to the Prosecutor of the National Court, which was the one who, in November 2019, filed the complaint with the judge.

According to the criteria of The Trust Project

Know more

  • Tous
  • National audience
  • Cordova

National CourtHow was the alleged Tous scam that harms the precious metals market discovered?

Courts The judge agrees to extend the secret of actions on BBVA's contracts with Villarejo

CompaniesThe judge imputes Ricardo Currás, former CEO of Dia, for manipulating his accounts