Existing shortcomings and structures of criminal and non-criminal anti-trafficking laws

Undoubtedly, the first step in eliminating and combating the phenomenon of smuggling is to identify their causes. One of the influential factors in smuggling of goods is the existence of legal loopholes for perpetrators of smuggling, considering that the quality and implementation of anti-smuggling laws play an effective role in the formation, continuation or limitation of criminal smuggling activities or the absence of explicit laws or lack of laws. In some cases, it can put the perpetrators of trafficking in the margins of security and strengthen the motivation to commit trafficking. It is possible to have a clear legal basis by examining the research and looking at the laws and regulations of leading and successful countries in the fight against smuggling of goods and modeling their deterrent measures and effective struggles and applying them as much as possible in their legal system. To combat the destructive phenomenon of trafficking in the country. Given the new tricks and techniques used in smuggling, what is certain is that the existing organizational structures and regulations are not efficient enough and it is necessary to review and adapt them. For example, today in most developed countries, financial pursuit of smuggled funds takes precedence over quality control of goods, but in Iran, efforts are focused on physical control, with the implementation of the money laundering law as a non-physical control law. Faced with a serious problem, the fight against trafficking has turned from physical to financial control, and dealing with it and escaping it will be very complex. This article seeks to show the structures and shortcomings of anti-trafficking laws and its impact on increasing the crime of smuggling, as well as fruitful legal and judicial strategies and solutions.