Separation of "Crime" and "Infringement" in the Offense of Smuggling of Goods and Currency: Basics, Criteria and Results

Document Type : Research Paper

Author

Assistant Professor, Department of Law, Faculty of Law and Political Science, Ahl al-Bayt International University, Tehran, Iran.

Abstract

In Article 44 of the Law of Combat against Smuggling of Goods and Currency, the legislator has separated the cases of crime and infringement of smuggling from each other. Apparently, in this law, the legislator sought to adopt the strategy of decriminalization. In this article, the adoption strategy of the legislator has been critically examined by descriptive-analytical method. The separation made between crimes and infringements is not acceptable due to the rules governing them. As a result, in the current situation, what is prescribed in the law as the infringement of smuggling, is actually criminal behavior that is under the jurisdiction of the administrative authorities.

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References

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