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-   -   Lack of evidence in criminal courts? (https://www.aspkin.com/forums/everything-else/141270-lack-evidence-criminal-courts.html)

walkingupwards 01-07-2021 11:41 AM

Lack of evidence in criminal courts?
 
Suppose you sold a car part that was ⊗⊗⊗⊗ and this whole thing took place 3 years ago. Both you and the customer don't have the part anymore.


Could you be prosecuted in a criminal court on charges of fraud even though that ⊗⊗⊗⊗ auto part can't be brought into court as evidence anymore?


The only evidence against you in this case will be the price at which the part was sold, so if a genuine part is worth 500$ and you sold 500 units of that item as new/genuine for 200$ a piece, is this enough evidence to indict you?


In a civil court, yes you could be held liable for damages even though the parts can't be represented as evidence anymore (logic and reason seem to be enough evidence in civil cases), but what about criminal courts?

jackreacher 01-07-2021 06:45 PM

Re: Lack of evidence in criminal courts?
 
yes you could but very unlikely.
bank robbers get found guilty even when the police can't find the money.
Even murderers get found guilty without a body.

There in lays the difference, theirs is a serious crime , yours is not. So I expect there is nothing to worry about.

Hope this helps

MathProfessor 01-08-2021 06:20 AM

Re: Lack of evidence in criminal courts?
 
I'd relax, nothing to worry about

oompaloompa 01-11-2021 01:21 PM

Re: Lack of evidence in criminal courts?
 
Quote:

Originally Posted by jackreacher (Post 1135245)
yes you could but very unlikely.
bank robbers get found guilty even when the police can't find the money.
Even murderers get found guilty without a body.

There in lays the difference, theirs is a serious crime , yours is not. So I expect there is nothing to worry about.

Hope this helps

not serious? Its more serious than selling a fa ke LV scarf, and less serious than murder, but how serious is a matter of opinion, but its serious - depends if your family is in that car or gets hit by car with f ake parts. Wish that someone selling fa ke car parts was caught, doubt it if no evidence.

jackreacher 01-11-2021 05:20 PM

Re: Lack of evidence in criminal courts?
 
Suppose you sold a car part that was ⊗⊗⊗⊗ and this whole thing took place 3 years ago. Both you and the customer don't have the part anymore.

I was presuming the part was just aftermarket. If its of decent quality it wont make a difference what is stamped on it as in the event of a serious crash parts that affect the crash will be tested.

If its plastic masquerading as metal and it directly causes a serious crash then yes you could be liable. There are several lines to cross in between to prove culpability. But quite honestly you would deserve what you get.

Clink for you my old son :violin::violin::violin:

walkingupwards 01-11-2021 08:56 PM

Re: Lack of evidence in criminal courts?
 
The car part was an interior-accessory, so it has nothing to do with the mechanics of the car...etc

jackreacher 01-11-2021 09:29 PM

Re: Lack of evidence in criminal courts?
 
Quote:

Originally Posted by walkingupwards (Post 1135890)
The car part was an interior-accessory, so it has nothing to do with the mechanics of the car...etc

I thought that first off . I wouldn't worry

triplex 05-17-2022 07:02 AM

Re: Lack of evidence in criminal courts?
 
Quote:

Originally Posted by walkingupwards (Post 1135202)
Suppose you sold a car part that was ⊗⊗⊗⊗ and this whole thing took place 3 years ago. Both you and the customer don't have the part anymore.


Could you be prosecuted in a criminal court on charges of fraud even though that ⊗⊗⊗⊗ auto part can't be brought into court as evidence anymore?


The only evidence against you in this case will be the price at which the part was sold, so if a genuine part is worth 500$ and you sold 500 units of that item as new/genuine for 200$ a piece, is this enough evidence to indict you?


In a civil court, yes you could be held liable for damages even though the parts can't be represented as evidence anymore (logic and reason seem to be enough evidence in civil cases), but what about criminal courts?

It depends how big your mount is. Like saying police " i knew the price is way below the price of a original, but i didn't cared to check if they are genuine or not" can mess you .
just choose yours words "People sell on discounts all the time. 200 is a big money. Most companies are doing sell-off, outlets, and 200 looked like a discount to me"


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