نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه اهل بیت علیهم السلام، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Taking smuggling of goods and currency so seriously, lawmakers enacted the Law of Combat against Smuggling of Goods and Currency. This law adopts a harsh penal policy. Predicting special regulations regarding the offense of smuggling goods and currency on the one hand, and referring the verdict of some issues to general laws, including the Islamic Penal Code, has caused ambiguities regarding the application of some institutions, including the issue of multiple offenses, regarding the offence of smuggling goods and currency. Inclusion or non-inclusion of multiplicity regulations on instances of smuggling violations, provision of specific regulations such as professional smuggler and its relationship with the institution of multiplicity, the multiplicity of smuggling offenses with related offenses, and how to aggregate convictions to enforce multiplicity regulations are some of the ambiguities that this article has tried to resolve with a descriptive and analytical method. Due to these opposing views, it is nonetheless considered that the rules of the multiplicity of crimes apply to cases of trafficking violations and that this requires a logical response to the problem of compiling sentences issued by the Revolutionary Courts and Governmental Penalties Organization branches. In addition, even though the rule of multiplicity in different instances of the offence of smuggling with each other and about other crimes is subject to the provisions of the Islamic Penal Code, it should be noted that special provisions are applicable in this regard.
کلیدواژهها [English]
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