The Mens Rea of the Crime of Smuggling of Goods and Currency

Today, in light of the developments in criminal law, the mens rea has been accepted as one of the elements of crime. However, the legislator generally does not pay adequate attention to explaining the elements of the crime in the exact explanation of the mens rea, which sometimes causes conflicting views about the mens rea of crimes, and the same is true of the crime of smuggling goods and currency. Due to the legal definition of this crime and numerous examples of this crime in different laws, there has been a serious disagreement among jurists in relation with the mens rea required to commit this crime. Accordingly, some believe that this crime is intentional and some believe that it is a no mens rea offence. This article explains the reasons behind these views, and finally reasonably describes the author's view that the crime of smuggling of goods and currency is intentional. The principle of intentionality of the crimes, the principle of exceptionality of the strict liability crimes, the principle of innocence, the principle of interpretation in favor of the accused, the principle of proportionality between the crime and punishment etc. indicate that this crime is intentional, but sometimes the approach of legislative and judicial penal policy implies a kind of tolerance in obtaining intentional elements, which is rooted in the fact that smuggling of goods and currency is an economic crime.