آسیب شناسی سیاست گذاری تقنینی در قبال جرایم گمرکی در حقوق ایران

Customs crimes are among the most significant economic offenses due to their direct impact on economic security, public revenues, the integrity of the commercial system, and the protection of domestic production. Accordingly, the manner in which legislators address such offenses plays a decisive role in achieving the objectives of economic criminal policy. In light of the legislative developments of recent decades and the enactment of numerous laws and regulations concerning customs affairs, smuggling of goods and currency, exports, and imports, examining the legislative policy governing this area is of particular importance. This research adopts a descriptive-analytical approach.
The findings indicate that Iran’s legislative policy regarding customs crimes has, on the one hand, moved toward expanding criminal intervention and intensifying certain sanctions, while on the other hand, it continues to rely on administrative and disciplinary mechanisms in many instances. Furthermore, although the use of financial penalties appears consistent with the economic nature of these offenses, the severity of certain punishments is not always fully compatible with the principles of proportionality and criminal justice. In addition, the absence of a coherent and unified legislative policy, the predominance of fragmented and short-term approaches, and the multiplicity of policy-making authorities constitute some of the most significant challenges in this field.
The study concludes that enhancing the effectiveness of legislative criminal policy toward customs crimes requires the formulation of a comprehensive and coordinated strategy, the revision of certain criminalization and penal policies, the strengthening of preventive approaches, and the establishment of greater coherence among policy-making institutions. Such measures would contribute not only to the effective protection of economic security but also to the facilitation of lawful trade and the enhancement of the social legitimacy of legal norms.