Pathology of Policy-making and Legal Gaps in the Fight against Goods and Currency Smuggling

One of the most important crimes that has clearly and directly damaged the security of the country for a long-term is the phenomenon of goods and currency smuggling, which has negatively affected various social, economic, political and cultural areas of the country. Currently, the smuggling of goods and currency is so serious and threatening in the country's economy that the fight against it is one of the priorities of the three branches of power. Approval of the Anti-Smuggling and Currency Act in 2013 has opened new horizons to prevent the harmful phenomenon of goods and currency smuggling and combat against it. However, we always encounter shortcomings and serious damages in preventing and fighting against this sinister phenomenon. Therefore, this article deals with the pathology of the Anti-Smuggling and Currency Act and the capacities existed in its additional bylaws. The findings of the research indicate that the approach of deterrence, crime-orientation, the development of examples of smuggling, the disproportion of crimes and penalties, contradiction with some principles governing economic crimes, some conflicts between the Law on Combating Smuggling of Goods and Currency and the Law on Customs Affairs are considered as the most obvious manifestations of existing harms in preventing and fighting smuggling.