‘Silver’: crimes under investigation in the Tous · Legal News

‘Silver’: crimes under investigation in the Tous · Legal News

‘Silver’: crimes under investigation in the Tous · Legal News

José Miguel Barjola - Eduardo Romero.The Tous jewelry firm is on the tightrope.The Spanish company, which this year celebrates a century since its foundation, is going through one of its worst moments after the suspicion of fraud under which it is located, after analyzing the interior of some of its products, which would be filled with low cost materials, typical of jewelry products and not high -price jewelry.

The case has reached the National Court, which tries to elucidate if, as established by the Prosecutor's Office, the Catalan firm would have been selling jewels stuffed with non -metallic materials, despite being publicized as such.A conduct that could entail the commission of deceptive advertising crimes, continued scam, falsehood in document and corruption in business, according to prosecutor's research.

Origin of controversy

When accessing the official Tous page, we can observe how, in the technical description of its products, manufacturing material is specified, usually gold or silver, as well as other added such as reinforcement minerals or other metals.However, no reference is made to contain plastics or similar.

The controversy has jumped precisely when some of the pieces with the characteristic bear have been analyzed after the complaint of a consumer association.According to reports provided by the Civil Guard, there are non -metallic materials inside the pieces, something that was not informed to customers.From the company, they have justified this situation talking about the “electroforming”, a process “included in Tous during the 90s to create resistant jewels, of great volume and without welding”.As they explain, it is a process by which, from a methacrylate or resin mold, "it is covered with gold or silver through an electrolytic process, we obtain light and quality pieces".A "legal" and "settled" technique in the world of jewelry.

Likewise, in a recent statement, the company has affirmed that “the certification and contrast of the first law of the first law, as well as the gold of 18 carats, is carried out in accordance with the Law of Precious Metals by an independent entity to the group that leadscarried out its certification work in accordance with the highest standards of quality and independence ”.

What does the law say?

‘Plata de ley’: los delitos bajo investigación en el Caso Tous · Noticias Jurídicas

What regulatory framework is applicable to such a case?First, we must go to the Regulation of the Law of Precious Metals.Its article 55 establishes that “the use of non -metallic materials, such as plaster, putty and plastic materials or similar, or lead, with the purpose of materializing joints or confering stability in objects manufactured with precious metals” is accepted, which inThis case would apply through the electroporming process that defend the firm and the association.

However, the precept also clarifies that non -metallic materials should not be colored or coating to give them the appearance of precious metals and that, in case of doing so with some type of metal, the metal sheet must have the word “metal” or the word recorded."Mtl" abbreviation.

On the other hand, what can we consider as "silver/gold of law"?The regulations also clarify this point in its article 9 by stating that in order for a precious metal object to be marketed in the Spanish State, it must reach some of the "laws" (or percentages), according to the precious metal in question:

Platinum: 999, 950, 900, 850.Gold: 999, 916, 750, 585, 375.Silver: 999, 925, 800

Likewise, as established by the General Law for the Defense of Consumers and Users, every client has the right to correct information about the different goods or services.Specifically, article 18 refers to the characteristics of the good or service and, in particular, on its nature, identity, qualities, composition, quantity, origin or origin and mode of manufacturing or obtaining.

The crimes investigated

Collected the reports of the Civil Guard, the National Court would have found indications of deceptive advertising crimes, continued scam, falsehood in document and corruption in business.

Investigation for these crimes not only splashes Tous, but also to the contrast laboratory that accredits the quality of its jewels, Applus laboratories, based in Barcelona.

This is what is known about each of the accusations.

• Continuous scam crime: the investigation of the facts, directed by the Prosecutor's Office of the National Court after the preliminary investigation of the Provincial Prosecutor of Córdoba (where the complaint was recorded), argues that there are indications that the jewel company sold “products offeredas of a material [...] without having such consideration ".Something that could be framed in a crime of continued fraud, with sentences of up to eight years in prison in the most serious cases, as stated in article 250 of the Criminal Code.

• Delivery advertising crime: If we sail on the official website of the firm, we can review the wide variety of products.Each of them, individually, is accompanied by a technical description that identifies the basic characteristics such as size and material.The usual materials are silver and gold, as well as other metal or mineral coatings, which are specified in this technical file, but it is not with the supposed filling materials.In this sense, we go back to the Criminal Code, whose article 282 regulates mislead.Prison sentences fluctuate six months a year.

• Crime of falsehood in document: The prosecutor's letter also indicates that there are indications of a possible crime of documentary falsehood.Specifically, regarding jewelry quality certificates.In this sense, the lawsuit points out that "it is alleged by the complainants that these pieces have obtained the contrast required in a given laboratory, without meeting the requirements".The crime of documentary falsehood by individuals is included in article 392 of the Criminal Code.The penalties that foresee range between six months and three years in prison.

• Crime of Business Corruption: Tous and Applus could also have incurred a crime of corruption among individuals.That is, both companies would have arranged an agreement to benefit mutually unjustified and undue to favor the sales of the high jewelry brand.The Criminal Code provides in its article 286.bisates between six months to four years of disqualification, in addition to special disqualification for industry or trade exercise for a period of up to six years.

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