فهرست مطالب

  • سال سوم شماره 5 (بهار و تابستان 1392)
  • تاریخ انتشار: 1393/10/25
  • تعداد عناوین: 7
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  • Dr. Farnaz Monnajaz Zadeh, Dr. Mohammadreza Siahi Shadbad, Dr. Hassan Aghajani, Dr. Mir Vahid Alavi Page 11

    Using trade marks for medical products without the issuance of license from the main manufacturer is considered fraud and the medicine manufactured this way will be considered to be fake. Any medicine distributed for treatment and health purposes without acquiring a license is considered to be smuggled drugs. According to the statistics of World Health Organization (WHO) it is estimated that between 7-10 percent of all the existing drugs in the world is fake. However, this figure reaches up to even 90% in poorer and developing countries. The smuggling of drugs is the most frightening kind of smuggling in the world after illegal drugs and weapons because people’s lives are faced with a serious danger. The threat of losing lives when patients use fake drugs is worse than the economic losses. Based on the studies conducted in the city of Tabriz, the amount of fake drugs confiscated by the inspectors of drugs and food items is only 8.7% of the monetary value based on rail while this amount could be up to three times more. The reason is the fact that this phenomenon is hidden and there are some limitation in the discovery of the fake drugs. The share of fake drugs among discovered fake items such as cosmetics and health and medical consumption items was 93.88%. Among smuggled and fake drugs, 30.93% are related to vitamins and strengthening drugs, 24.56% related to drugs for losing or gaining fat, 15.56% related to narcotic drugs and 29.5% related to other types of drugs. Since 3 groups of reported drugs at the top of the pyramid are consumed widely and most often without the prescription of a physician, it is necessary to have a special look at this issue.The users of fake drugs, in addition to facing financial losses, they are also in danger of having severe poisoning as a result of the fake drugs side effects, losing the opportunity and the possibility of getting real treatment and being in possession of drugs that are ineffective. Public awareness, adoption of the methods retracing the purity of drugs and the implementation of legal control and supervision to combat this inhumane phenomenon are vital.

    Keywords: Drugs, Smuggling, Fake, Health License, Health Threat
  • Dr. Farid Mohseni Page 23

    Although the approval and the administration of criminal laws in confronting the smuggling of goods are necessary, at least among different divisions of criminal policy, criminal collaboration policy because of the public will, culture and national desire, they are of a special importance. Fundamentally speaking, problems and cultural calamities as a result of smuggling goods not only are not less than economical damages, but also, in so many cases they are even more. The entrance of these goods, apart from the infliction of damages to production, the market, the domestic economy and health problems, more than anything else can become the bearer and the distributor of the culture of the country that manufactures them and reflect the damaging symptoms that by themselves they can, in some instances, become the source of different shaping phenomena from the criminal and sociological and other related branches of criminal and sociological points of view. As a result, fighting the smuggling of goods does not succeed merely bydepending on the legal and judicial methods. The smuggle of goods from the criminological point of view is a social phenomenon and fighting it requires its own strategies. To fight this crime, it should be studied and confronted from different dimensions and points of view. Therefore, as we have practically seen, merely, the implementation of social responses in the form of punishment, will not necessary lead to victory against this crime; in some instances, it will even have reverse effects. Based on this understanding, in addition to the necessity of compiling and the implementation of proper, criminal, judicial, legal and executive policies in this matter, the importance of cultural awareness in the direction of understanding the side effects of the mentioned phenomenon and the protection of domestic productions is a vital matter. The current article, analyzes the criminal collaboration policy and the importance of creating cultural awareness and paying attention to the capacity of social norms and at the same time the government’s non-punitive duties in the fight against smuggling and the support of domestic products.

    Keywords: Smuggling Goods, Collaboration, Executive, Legal, Judicial, Criminal Policies, Creating Cultural Awareness, The Implementation of Sovereignty
  • Dr. Habibollah Fasihi Page 75

    Smuggling has different connotations and meaning in the laws of different countries. Experts in different fields such as economics, sociology, law, etc., each define smuggling from their points of view. However, the common denomination among all these experts is that they all look at smuggling as something illegal. It is a fair assumption to think that every government wants to stop illegal activities. As a result what is considered to be illegal will become the target of the government to fight against. Consequently, what smugglers do has to be done in hiding and away from the governments’ watchful eyes. Based on the definition that we have about what smuggled goods means in our country (Iran), the origin and the destination of smuggled goods are out of the borders and before getting into the hands of the consumers, they go through different stages of loading, unloading, storage and transportation. Since these whole processes have to take place in hiding and away from the watchful eyes of legal authorities, the conditions are not appropriate. As a result, even if the goods are produced properly, they will spoil during transportation. The lack of quality control of the smuggled goods, forging and dishonest methods of packaging and dating them are some of factors that cause smugglers to offer goods that have no quality. Goods or commodities that are taboo, haram and irreligious to be consumed and are therefore smuggled into the country, their harm will be twice as much when they are made inappropriately.

    Keywords: Smuggling, Drug, Health Hazards
  • Dr. Hasan Almasi, Aboalfazl Ashrafpoor Page 105

    The report of budget cut is the last cycle which has been shown to the public by presenting it to the public and it can been assessed and exploited by the interested party. Its positive report is an indication of the government’s financial operations. Identification of the weak points, weakness and the discovery of probable vacuums are related to the quality of this report.

    Keywords: Budget, Budget Deficient, Law, Control
  • Dr. Hosein Kookani, Mostafa Matoo Page 143

    Money laundry is a crime that happens as a result of committing another crime and it is a process during which income earned through illegal ways is justified and the culprits of the crime could be the same people who committed the first crime. There are three main reasons why people resort to money laundry operations. First reason: The owner of the money might become the target of investigations by the authorities in the justice system if the money is left in the hands of the criminals.Second reason: To protect the goods from being discovered, confiscation and seizure.Third: To escape from paying taxes.The indecency of money laundry in the international law, despite the fact that it has only been a few years that countries around the world have been exposed to it, has created a unanimous decision making process in criminology.Money laundry is one of those crimes that have been organized and internationally it has become one of the important guidelines in the European Council to confront money laundry. We should pay attention that money launderers are not able to succeed without the help from legal authorities, accountants, banks and financial institutions. In fact, sometimes they are not able to succeed without the co-operation from politicians, representative of parliaments, judges and police and security organizations. Now, many of the countries around the world understanding the harmful effects of money laundry and the necessity for fighting against it either at the international or national level are willing to co-operate with one another to prevent the criminal and dangerous threats of this crime. There is hope that by getting instructions from the Quran and religious decrease in connection with the elimination of any tyranny and corruption on the surface of earth and respecting the laws related to this matter, we will succeed to solve this problem.

    Keywords: Money Laundry, Jurisprudence, Laws, Crime, The Original Crime, Crime's Proceeds
  • Gholamhosien Heydari Page 161

    Smuggling, nowadays, has been imposed like a plague on the economic, social, political and cultural life of many countries including Iran. The study of smuggling requires serious investigations and single-dimensional fight against it can make it more complicated as such that this ugly phenomenon on the one hand has had its roots in the economic motives for making profits in the trade and business where the lack f structural balance in this area has intensified its expanse and on the other hand, some of the social peculiarities have also been turned into a suitable field for the spread of smuggling activities which unfortunately have caused an increase in the lack of development in the border areas and economic poverty. Such negative developments have made the area susceptible for committing the crime of smuggling. Also, from the sociological point of view, the smuggling phenomenon in recent years have lead into the formation of new groups and social thoughts which has no special place in the society. One of the important effects of smuggling is the emergence of income disparity and classification inequality in the society. Also, the emergence of smuggling as one of the symptoms of economic disease has created some concerns for the country’s politicians and economic planners. Next to this problem, there are also problems such as unemployment, a decline in income, and the immigration of manpower especially to the border areas have pushed the country towards illegal activities. Therefore, for confronting and combating this unfortunate smuggling phenomenon, we can reinforce the foundation and the culture of production, the improvement of social welfare system, protection of jobs and national production and the related organizations should also unite together to combat this problem by coordination of their efforts. To reach this goal, the legal barriers should be eliminated. The society should create jobs and provide trainings, production and consumption of quality products should become a necessity. People’s tendency in the consumption of luxurious items should be curbed and replaced with the culture of using the right products. Manpower’s working efficiency should be increased in order to reach the ultimate goal of control and organization of the conditions for the fight against smuggling goods.

    Keywords: National Economy, Strategies for the fight against smuggling goods, Organizing the fight against smuggling goods
  • Abootaleb Kazemi, Masoomeh Valizadeh Page 187

    Investment means a series of expenses that spent on increasing or the establishment of the real capital’s volume. Taking into account factors such as the difference between the national and international interest rates, different tax rates, inflation, etc. can have an effect on entering and exiting the capital. Also, with the huge existence of static and moving capitals in the country, the government can increase the expansion of domestic products by protecting the private sector. On the other hand, in case that there are obstacles in the way of domestic producers, the motives towards unofficial economy (smuggling, tax evasion, etc.,) will be provided in the country. The method of research in this article is descriptive-analytic and will be evaluated by using documents and library resources and bank statistics. The results of this article indicate that the government’s policies (taxes, inflation, interest rates, customs’ tariffs, etc.,) for the expansion or the reduction of unofficial activities which will have reverse effects on investment in the private sector plays an important role.

    Keywords: Investment in Private Sector, Capital, Smuggling