Criminological Analysis of the Law on Combating the Smuggling of Goods and Foreign Exchange

The Law on Combating the Smuggling of Goods and Foreign Exchange, as one of the key legislations in Iran’s legal system, has been enacted with the aim of addressing crimes related to smuggling and mitigating its negative effects on the economy, security, and society. This law seeks to adopt a comprehensive approach by establishing criminal and economic penalties and regulating the processes of identification, seizure, custody, and sale of smuggled goods. Moreover, an emphasis on transparency, the utilization of modern technologies, and coordination among responsible institutions are among its primary objectives. A criminological analysis of this law reveals that, although deterrence principles have been considered in its formulation, an excessive emphasis on stringent and punitive sanctions has disrupted the balance between prevention and enforcement. Additionally, the complex structure of legal provisions, the multiplicity of responsible entities, and the dependency of certain provisions on executive regulations have posed challenges to the unified and effective implementation of this law. Improving this legislation requires strengthening preventive policies through public education, economic transparency, and the enhancement of supervisory infrastructures. Furthermore, revising the penal system by incorporating rehabilitative and restorative sanctions, alongside increasing inter-institutional coordination and simplifying enforcement procedures, constitutes essential measures to enhance the effectiveness of the law. The Law on Combating the Smuggling of Goods and Foreign Exchange, as one of the key legislations in Iran’s legal system, has been enacted with the aim of addressing crimes related to smuggling and mitigating its negative effects on the economy, security, and society. This law seeks to adopt a comprehensive approach by establishing criminal and economic penalties and regulating the processes of identification, seizure, custody, and sale of smuggled goods. Moreover, an emphasis on transparency, the utilization of modern technologies, and coordination among responsible institutions are among its primary objectives. A criminological analysis of this law reveals that, although deterrence principles have been considered in its formulation, an excessive emphasis on stringent and punitive sanctions has disrupted the balance between prevention and enforcement. Additionally, the complex structure of legal provisions, the multiplicity of responsible entities, and the dependency of certain provisions on executive regulations have posed challenges to the unified and effective implementation of this law. Improving this legislation requires strengthening preventive policies through public education, economic transparency, and the enhancement of supervisory infrastructures. Furthermore, revising the penal system by incorporating rehabilitative and restorative sanctions, alongside increasing inter-institutional coordination and simplifying enforcement procedures, constitutes essential measures to enhance the effectiveness of the law.

کلیدواژه ها:

Smuggling of goods and foreign exchange ، criminology ، Law on Combating Smuggling ، prevention ، deterrence ، penal system ، inter-institutional coordination