SIMILARITIES AND DIFFERENCES IN CRIMINAL RESPONSES TO GOODS SMUGGLING (A COMPARATIVE STUDY IN THE CRIMINAL SYSTEM OF IRAQ AND IRAN)
Main Article Content
Abstract
Criminal reactions are the penalties specified by legislators for offenders, and the judge must rule on them if the accused is proven guilty and it cannot be applied against the convict, unless the judge clearly specifies it. Given the severity of this criminal phenomenon and its impact on societal interests, legislators in both Iraq and Iran have established laws to address these issues. Law-abiding citizens must trust that these laws will be enforced, and those who violate them will be duly punished. Implementing punishments is one way to ensure this certainty. However, contemporary considerations, due to the negative effects of criminal interventions, have led to a cautious approach towards criminalization and the use of punitive measures as a last resort. The research revealed both similarities and differences in the punishments for goods smuggling in both countries. The results indicated variations in response, with Iran employing various punishments, including whipping, while there is no whipping punishment in the Iraqi legislative framework. Additionally, the research findings showed differences in the severity of punishments between the two countries. Moreover, the prescribed punishment for initiating a smuggling offense differs between Iraq and Iran.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Dr. Fakhri Abd al-Razzaq al-Hadithi, Asul al-Jayam in al-Jaraim al-Ekhmad, Sharjah al-Harr for technical printing, Baghdad, 1987.
Ibrahim Mustafa, Ahmad Hassan Al-Zayat, Hamed Abdul-Qadir, Mohammad Ali Al-Najjar, 2004, Al-Mujam al-Wasit. Maktaba al-Sharrouk al-Dawliyya, Cairo, 41.
Abd al-Amir al-Akili, Lectures in al-Quba, Al-Maarif Press, Baghdad, 1948.
Mansour, A., 2002. Crimes of al-Tahrib al-Kamarki in Iraq, Dar al-Shashah Al-Thaqafiya, Iraq, Baghdad.
d. Mahmoud Mahmoud Mustafa, Description of Criminal Procedures, Volume 11, 1976.
Dr. Mahmoud Mahmoud Mostafa, Commentary on the Criminal Procedure Code, Al-Tabbah al-Awla, Cairo, 1976.
D. Fakhri Abd al-Razzaq al-Hadithi, 1987, Principles of Procedures in Economic Crimes, Baghdad Community Press, Baghdad.
D. Mahmoud Mahmoud Mustafa, 1979, Economic crimes in Al-Qunun al-Maqaran, Al-Jamia Press, Al-Jaami Press, Cairo, Egypt.
(Mahmoud Najib Hosni, Description of the Lebanese Penal Code, 1975: 706).
Hafez, M. 2013. Al-Masua Al-Jamarkiyeh. Dar al-Adaleh, Cairo.
Dr. Ahmed Fathi Sarwar, al-Wasit in the penal code, special section, al-Masdar al-Mushid.
See D. Hasan Sadeq al-Morsafawi, Al-Tajrim fi Shariyat al-Daraib, 1963.
Jirarkorno, 1998, Ma'jam al-Tirmidh al-Qawoniyyah (translated by Mansour al-Qazi). Al-Massiteh Al-Jamiyeh for Education, Publishing and Distribution, Beirut, Vol. 1, p. 574.
Harith Suleiman Al-Farooq, 1988, Al-Mu'jam al-Qanuni (English, Arabic). Lebanon School, Beirut, p. 164.
Dozi Reinhart, 1999, Compendium of Arabic Encyclopedias. Translated by Jamal Al Khayat. Dar al-Showan Al-Thaqafia al-Ame, Baghdad, 9th volume.
Suleiman, S. (2017). The criminal contribution to the Algerian crime in the Algerian law, a comparative study, Dar al-Jamaa al-Jadaa Al-Askandriya.
Shaaban, S. (2000). Al-Nazriya General Theory of Criminal Crime, Al-Dar University, Beirut.
Al-Hayari, M. 1997, Crimes of Tahrib al-Cummarki, Al-Maqraneh School, Al-Thaqafa Publishing House, Amman, Volume 1.
Najm, M. (2000). Law of Principles of Criminal Courts, No. 9 of 1961, Applicable Provisions and Content, Dar al-Taqwa for publishing and distribution, I1, Oman.
Khalaf, A. and Shawi, S. (2009) Al-Mubadi al-Ama in the Penal Code. Al-Sunhuri School, Baghdad.
Jundi Abd al-Malik, Al-Masua'a al-Jina'i, part 4, Al-Hatida Press, Cairo, 1941.
Mahmoud Najib Hosni, Criminal Contribution in Arabic Legislation, Cairo, 1960, p. 227.
d. Al-Thamsari, 2009 Al-Hassabiyah al-Jeza'i for Economic Crimes, Dar al-Taqfa for Publishing and Distribution of Oman.
Mehdi, A. (1976). Criminal Responsibility for Economic Crimes in Al-Maqaran Law, Al-Madani Press, Cairo.