نوع مقاله : پژوهشی
1 استادیار گروه حقوق جزا و جرمشناسی، دانشکدۀ حقوق و علوم سیاسی، دانشگاه بینالمللی اهل بیت (ع)، تهران، ایران
2 قاضی دادگستری، دکتری حقوق جزا و جرمشناسی، دانشگاه عدالت، تهران، ایران
عنوان مقاله [English]
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 that 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 combating it. In the Law of Combat against Smuggling of Goods and Currency, the legislator for the first time introduced the concept of organized smuggling of goods and currency into 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, anticipation of jurisdiction for the Revolutionary Court, identification of special discoverer organizations and provision of special powers and duties for discoverer organizations. 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.