Criminal Law
Omid Rostami Ghazani; Mohsen Rahmani Fard
Abstract
Given the importance of the offence of smuggling of goods and currency, the legislature has taken a strictly differential approach to this offence, but in some cases, the legislature has taken a more differential approach to some instances of this offence. Organized smuggling of goods and currency is ...
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Given the importance of the offence of smuggling of goods and currency, the legislature has taken a strictly differential approach to this offence, but in some cases, the legislature has taken a more differential approach to some instances of this offence. Organized smuggling of goods and currency is one of them. With a descriptive and analytical approach, this article seeks to identify the concept of organized smuggling and then the measures taken by the legislature to combat it and the challenges in front. In the Law of Combat Against Smuggling of Goods and Currency, for the first time, the legislator introduced the concept of organized smuggling of goods and currency to the Iranian legal literature and, with the aim of a strict response, envisaged differential substantive and formal measures, such as: Absolute criminalization of this behavior, intensification of punishment of organized members and leaders of the organized group, the anticipation of jurisdiction for the Revolutionary Court, identification of special discoverer organizations and provision of special powers and duties for them. Despite the large volume of smuggling in the country for reasons such as the narrow interpretation of the offence of smuggling of goods and currency from the Supreme Court, the lack of familiarity with the characteristics and criteria for detecting organized smuggling and the haste of attending authorities of smuggling of goods and currency, in practice, many detected smuggling cases are considered normally.
