Explaining the effects of diviation from the rules of Criminal Jurisprudence in Anti_ Smuggling goods and currency Act

Subject Areas :

saied  atazadeh ¹ (Assistant Professor of Law, Department of Intelligence, Faculty of Intelligence and criminal investigation, Amin Police University)
aliakbar  mokhtari dastenaie ² (PhD student in Criminal Law and Criminology, Islamic Azad University, Saveh Branch)
mahmod  gayom zadeh ³ (Faculty member of the Department of Law, Islamic Azad University, Saveh Branch)

Received: 2020-03-31 Accepted : 2020-07-23 Published : 2020-11-21

Keywords: Criminal jurisprudence, deterrence, criminal law rule, the principle of non_contradiction, anti_smuggling goods and currency act,

Abstract :

< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on the principle of 96 contradictory acts are doomed to failure by the guardian council and non_ conforming acts for exclusion of ((sense of contradiction )) than that usually approved by the same council. because of the generality of principle of non_contradiction, the rules of the subject of criminal law also necessarily follow this principle. principles such as the: Legality of Punishment, personal liability, the individual autonomy and proportionality of crime in accordance with the rules criminal jurisprudence, such as obscenity unstated punishment، principle of burden of sins (vizr) and rule of justice and ( al-tazir beme yarah al-hakim) in the case of litigants has been legislated in Islamic code. With authorizing the anti_smuggling goods and currency act influenced by some differentiation and paradigm of deterrence and utilitarianism, the legislator has disregarded the basic principles of criminal jurisprudence which are infact deviation from the contradiction rather than non_compliance with the most important constitutional principle that underlies the political system and with the approval of the law reffered to by the guardian council has been recognized by that council.