Position of the Government Tazirat organization in dealing with Goods and Currency Smuggling cases in the light of the Principle of Separation of Powers

Due to several main factors, economic problems are located at the top of all the problems of the society. Smuggling of goods and currency is one of the factors that not only causes and aggravates economic problems, but also affects on cultural, social and security issues. All countermeasures against this phenomenon, including detection, prosecution, and investigation, are actually manifested in the correct, quick and decisive proceedings of cases filed regarding such crimes and violations. Obviously, before fighting against smuggling, prevention phase should be taken into consideration, which is achieved mostly by decisive and deterrent proceeding of cases related to violations and crimes of goods and currency smuggling, especially organized and professional smuggling. However, there is an important challenge to achieve this goal; that is to verify if the smuggling is of organized or not. if it can’t be verified it in every case; the Government Tazirat organization will handle that case as a violation, not the judicial system; and considering that Tazirat organization is a governmental authority and classified under the executive branch, this problem contradicts the principle of separation of powers.