Effects of Differential Trial in Smuggling of Goods(In the light of Fair trial Principles)

Adverse economic, social and cultural effects of smuggling along with specialized and complex discovery and proof of its realization, prevention of smuggling and deal effectively with perpetrators of acts with fast and sure punishment, quickly replacing the lost rights of the state treasury and at the same time, protection of investors and contributing economic prosperity in the country are the most important requirements for special rules for dealing with cases of smuggling. In this regard one- way vision and overcoming the repressive approach; prevents the realization of the principles and guarantees of fair trial, including the presumption of innocence, the principle of access to justice, the principle of equality of arms, the principle of independence and impartiality of courts and exercising the rights of defense such as the right to have adequate time and facilities to prepare a defense and the right to object to the vote in the accepted cases of retrial.