An attitude of criminalizing the change of status and confiscation of a car without contraband, from the point of view of citizen's rights

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran

2 Ph.D. Student of Criminal Law and Criminology, Department of Law, School of Humanities, Bandar Abbas Branch of Islamic Azad University, Bandar Abbas, Iran.

3 Master's Student in Criminal Law and Criminology Department of Law, School of Humanities, Meybod Branch of Islamic Azad University, Meybod, Iran.

10.48300/jlr.2024.389443.2306

Abstract

One of the most important basic and daily concerns of citizens during their lives is to provide livelihood and family life. Governments have a serious duty to provide the livelihood of citizens. In terms of providing livelihood, the government's shortfall in economic support policies will face citizens with problems. Nowadays, in the border areas of the country, one of the ways of committing crimes to provide livelihood and family economy is that many young people turn to smuggling goods and fuel. This act has been criminalized by the legislator and legal punishment has been established for the perpetrators, including confiscation of vehicles carrying contraband goods, while one of the reasons for people's tendency to engage in smuggling is the government's lack of interest in providing for the economy and citizens' welfare. Smuggling of goods, changing the condition of a vehicle in an unusual way for the purpose of smuggling goods or carrying contraband goods, whether or not it has contraband goods at the time of use or storage, is considered a crime and the car will be seized in the second instance for the benefit of the government. Research findings indicate that although the punishment The amount of fuel and goods smuggling has been reduced to some extent by the perpetrators, but it has not had the necessary deterrence. It is a violation of citizen's rights and unjust punishments are for citizens.

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