Criminological Analysis of the Law on Combating the Smuggling of Goods and Foreign Exchange
Keywords:
Smuggling of goods and foreign exchange, criminology, Law on Combating Smuggling, prevention, deterrence, penal system, inter-institutional coordinationAbstract
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.
Downloads
References
Albanese, J. S. (2008). Risk assessment in organized crime: A new approach. Criminal Justice Review, 33(4), 45-60.
Asadi, H. (2015). Investigating the crime of smuggling goods and currency (developments, conditions, and procedures). Tehran: Dadgostar Publishing.
Asghari, S. M. (2008). A comparative study of the crime of smuggling along with two rules of denial and negation of hardship (3rd ed.). Tehran: Ettelaat Publishing.
Ashworth, A., & Zedner, L. (2010). Preventive Justice. Oxford University Press.
Beccaria, C. (1764). On Crimes and Punishments. Cambridge University Press.
Bentham, J. (1789). An Introduction to the Principles of Morals and Legislation. Clarendon Press. https://doi.org/10.1093/oseo/instance.00077240
Braithwaite, J. (2002). Restorative Justice and Responsive Regulation. Oxford University Press. https://doi.org/10.1093/oso/9780195136395.001.0001
Cullen, F. T., & Gendreau, P. (2000). Assessing correctional rehabilitation: Policy, practice, and prospects. Criminal Justice, 3, 109-175.
Cullen, F. T., & Jonson, C. L. (2017). Correctional Theory: Context and Consequences. SAGE Publications.
Cullen, F. T., Jonson, C. L., & Nagin, D. S. (2011). Prisons Do Not Reduce Recidivism: The High Cost of Ignoring Science. The Prison Journal, 91(3), 48-65. https://doi.org/10.1177/0032885511415224
Duff, R. A., & Garland, D. (1994). A Reader on Punishment. Oxford University Press.
Durkheim, E. (1984). The Division of Labor in Society. Macmillan Press. https://doi.org/10.1007/978-1-349-17729-5
Elham, G., Mirkhahili, S. M., & Parhamfar, A. M. (2014). Challenges in defining the crime of smuggling in the Iranian legal system. Judicial Law Perspectives, 68.
Feinstein, C. (2001). Economic consequences of organized crime. Journal of Economic Perspectives, 15(3), 32-58.
Friedrichs, D. O. (2010). Trusted criminals: White-collar crime in contemporary society. Wadsworth Publishing.
Garland, D. (1990). Punishment and Modern Society: A Study in Social Theory. University of Chicago Press. https://doi.org/10.7208/chicago/9780226922508.001.0001
Garland, D. (2001). The Culture of Control: Crime and Social Order in Contemporary Society. University of Chicago Press. https://doi.org/10.7208/chicago/9780226190174.001.0001
Kant, I. (1996). The Metaphysics of Morals. Cambridge University Press. https://doi.org/10.1017/CBO9780511809644
Mostafavi, M. (2016). Economic crimes (5th ed.). Tehran: Mizan Publishing.
OECD. (2009). The economics of countering illicit trade. OECD Publishing.
Rezazadeh, A. (2015). Smuggling goods and currency in the light of law and jurisprudence (3rd ed.). Tehran: Dadgostar Publishing.
Robinson, G., & Crow, I. (2009). Offender Rehabilitation: Theory, Research and Practice. SAGE Publications. https://doi.org/10.4135/9781446216460
Sabouri Pour, M., & Safai Atashgah, H. (2016). Situational prevention of smuggling goods in the Law on Combatting Smuggling of Goods and Currency approved in 2013. Judiciary Law, 93.
Shelley, L. I. (1995). Transnational organized crime: An imminent threat to the nation-state? Journal of International Affairs, 48(2), 12-30.
Tonry, M. (2011). Retributivism Has a Past: Has It a Future? Oxford University Press. https://doi.org/10.1093/acprof:oso/9780199798278.001.0001
Tonry, M. (2018). Sentencing Matters. Oxford University Press.
UNODC. (2010). The globalization of crime: A transnational organized crime threat assessment. United Nations.
UNODC. (2015). World drug report. United Nations.
Validi, M. S. (2007). A look at legal gaps and practical shortcomings of laws regarding smuggling goods and currency. Comparative Legal Research of Iran and International, 1.
Von Hirsch, A. (1993). Censure and Sanctions. Oxford University Press.
Youssefian Shooreh Deli, B. (2010). A novel approach to the assets of criminals in organized or economic crime (a comparative study in Iranian and French law). Legal Research, Special Issue(3).
Youssefvand, J., & Khani, S. (2013). Investigating situational prevention strategies for smuggling goods with a policing approach. Information and Criminal Research, 8(4).
Downloads
Additional Files
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 Mohammad Yousef Karimi, Rashin Ziya, Abbas Ali Akbari (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
