چکیده:
Today, many currency crimes in the Iranian legal system have come to legislators with different titles; crimes such as currency smuggling, embezzlement, hoarding, illegal seizure, etc., in laws such as the Islamic Penal Code and certain laws such as the Smuggling of Goods and Currency Act Approved in 2013 is anticipated. Hence, the scope of the commission of currency-related crimes can be predicted at various levels of the Iranian legal system. However, it can be argued that the purpose of the establishment of different laws in relation to currency criminals is to prevent such types of crime in the country, which appears as legislative, judicial or criminal policies. Nevertheless, in the present study, we seek to explain the general scope of committing crimes related to foreign exchange at the macro and micro level in Iranian law, which we will examine and analyze by reading and analyzing the materials that are derived from the library method.
خلاصه ماشینی:
The Scope of Criminalization of Currency Crimes and Preventive Factors in the Iranian Legal System Fereydoon Jafari 1, Morteza Servati Bina Neiaz *2 1.
JLR/1048300 However, it can be said that the purpose of enacting various laws regarding currency crimes is solely to prevent these types of crimes at the national level, which occurs through legislative, judicial, or criminal policies.
Despite this, in the present research, we seek to explain the overall scope of criminalization of currency-related crimes at macro and micro levels in Iranian law, taking into account the existing preventive factors.
1-2- Concept of Currency Smuggling4 The ultimate goal of committing currency crimes within the banking system is to obtain profit and extensive financial benefit for economic criminals, who, by performing criminal operations, eventually succeed in the illegal exit of currency from the legal cycle of the economic system or the legal policies of the Central Bank, which the legislator has included such acts in Article 44 of the Law on Combating Smuggling of Goods and Currency, passed in 2013.
In Article 1 of this law, under the heading of Chapter One (Definitions, Instances, and Organizations), it is stated: : (The following terms are used in their detailed sense: A - Smuggling of goods and currency: Any act or omission that results in the violation of legal formalities related to the entry and exit of goods and currency and is considered smuggling according to this law and other laws and has a prescribed punishment beyond it, at entry points or any point of the country, even at the place of its supply in the domestic market of the country) This definition also has shortcomings.