Procedure of exploiting sand quarry – the nature of the seized product – authorization – violation of Article 517.

The court that issued the appealed decision acquitted the defendants from the misdemeanor of theft of sand from its natural places and participating in it. It based on the fact that what the driver took is considered just soils and is not included in Article 517 of the criminal code. however the product caught in the truck is considered yellow soil and it is extracted from unauthorized quarry, and as long as its exploitation is subject to special authorization as it is clear in the report of the regional unit for quarries, it violates Article 517 of the criminal code which makes the appealed court decision, when it acquitted the defendants, unfounded which subjects it to overruling.

Decision overruled