Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Pathology of Iran's criminal policy towards smuggling of goods and currency Emphasizing the Law on Combating Commodity and Currency Smuggling adopted in 2013

Document Type : Research Article

Authors
1 Assistant Professor and Faculty Member, Faculty of Law, Islamic Azad University, Tiran Branch.
2 Master student of Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Tiran Branch. (Corresponding Author)
Abstract
One of the most important crimes that have obviously, directly and for a long time damaged the security of the country is the phenomenon of smuggling goods and currency, which has also had a negative impact on various social, economic, political and cultural spheres of the country. At present, smuggling of goods and currency has become a serious and threatening problem in the country's economy, so that combating it is one of the priorities of the three powers. With the approval of the Law on Combating Commodity and Currency Smuggling adopted in 1392, new horizons were opened to prevent and deal with the harmful phenomenon of smuggling of goods and currency, but nevertheless, there are always serious shortcomings and harms in preventing and combating this phenomenon. we are faced. Therefore, the present article deals with the pathology of the Law on Combating Commodity and Currency Smuggling adopted in 1392, and the research findings indicate that the criminal deterrence approach, development of cases of trafficking, disproportion between crimes and punishments, contradict some principles governing economic crimes , The conflict between the law against combating smuggling of goods and currency and the law of customs affairs in some cases, etc., are among the most obvious manifestations of the existing damage in order to prevent and combat smuggling.
Keywords

1- Ebrahimi, Shahram, Danesh, Mostafa, (2018), Analysis of the form and content of the law to combat the smuggling of goods and currency, Journal of Criminal Law and Criminology Studies, 49th Volume, Number 2.
2- Ahmadi, Samia, (2014), prevention of smuggling of goods and currency with an emphasis on legislative innovations, master's thesis, under the guidance of Dr. Nariman Fakheri, Quds, Islamic Azad University, Quds branch.
3- Behermand, Hamid, (2016), Pathology of Laws Related to Economic Crimes in Iran's Legal System, Tehran, Press Center Publications and Judiciary Publications.
4- Pour Ebrahim, Ahmad, (2012), an approach to the phenomenon of smuggling of goods and currency in the light of the legal system and criminal policy, specialized journal of economic law, second year, number 3.
5- Tawakalpour, Mohammad Hadi, (2013), Argumentative opinions of the Guardian Council on the bill to combat the smuggling of goods and currency, Tehran, Group of opinions and opinions of the Guardian Council.
6- Daneshmand, Fatemeh, (2014), Pathology of the law to combat the smuggling of goods and currency approved in 2014, Master's thesis, under the guidance of Dr. Ali Muzesi Sharafabadi, Taft, Islamic Azad University, Taft branch.
7- Zakari, Ahmed, (2014), Criticism and Pathology of the Anti-Smuggling of Goods and Currency Law approved in 2013, Master's Thesis, under the guidance of Dr. Adel Sarikhani, Qom, University of Qom.
8- Dhabhi, Hossein, (2018), the collection of examples of laws against the smuggling of goods and currency, second edition, Tehran, Negah Bineh Publishing.
9- Shaara, Sepideh, (2018), State prevention of goods and currency smuggling by means of technical measures in Iran's criminal laws, International Journal of Nations Research, No. 42.
10- Salehi, Reza, (1400), analysis of goods and currency smuggling crimes, Tehran, Mehr Kalam Publishing.
11- Karimi, Qasim, Salahi, Javaid, (2015), Prevention of goods and currency smuggling crimes based on relevant laws, Quarterly Journal of Law Studies, No. 2.
12- Nasrbagh Mehiari, Amin, (1400), Pathology of Iran's criminal policy towards the smuggling of goods and currency with an emphasis on the law to fight against smuggling of goods and currency approved in 2013, master's thesis, under the guidance of Dr. Razia Ghasemi, Tirana, Azad University Islamic branch of Tirana.
13- Naqdi, Ebrahim, Goli, Reza, (2014), The Law on Combating Smuggling of Goods and Currency, Tehran, University Path Publishing.
14- Walidi, Mohammad Saleh, (2016), A look at the legal vacuum and practical shortcomings of laws, Azad Legal Research Journal, No. 1.
15- Yousef Vand, Mohammad, (2016), social prevention of goods and currency smuggling with the approach of the law to combat goods and currency smuggling, Journal of Political Science, Law and Jurisprudence Studies, third volume, numbers 1 and 2.

  • Receive Date 05 September 2021
  • Revise Date 10 September 2021
  • Accept Date 21 September 2021