Journal of Legal Research

Journal of Legal Research

A Perspective on the Criminalization of Vehicle Alteration and the Confiscation of Vehicles Lacking Contraband from the Viewpoint of Citizenship Rights

Document Type : Original Article

Authors
Alireza Saybani 1
Reza Jorjandi Moghadam 2
Sareh Edalati 3
1 Assistant Professor, Law Department, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran.
2 PhD Student in Criminal Law and Criminology, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran.
3 M.A Student in Criminal Law and Criminology, Meybod Branch, Islamic Azad University, Meybod, Iran.
10.48300/jlr.2024.389443.2306
Abstract
One of the most important and daily concerns of citizens is securing livelihood and providing for their families. In securing livelihood, the incapacity of individuals and the negligence of the government in supportive economic policies will confront citizens with numerous problems. The government is obliged to establish social justice, create employment, and eliminate unemployment. Economic problems and poverty cause individuals to lean towards delinquency. Nowadays, especially in the border regions of Iran, one of the ways of evading the law and committing crime for securing livelihood and family economy is the tendency of many youths towards smuggling goods and fuel. This act has also been criminalized by the legislator, and legal punishment, including the confiscation of the vehicle carrying contraband goods, has been prescribed for the perpetrators, while one of the causes of individuals' tendency towards the offense of smuggling is the government's lack of commitment to securing the economy and welfare of citizens. Recently, pursuant to Note 7 of Article 21 of the Law Amending the Law on Combating the Smuggling of Goods and Currency, the unconventional alteration of a vehicle for the purpose of smuggling goods or transporting contraband goods- with the attribute that it may or may not have contraband goods at the time of use or storage- has been considered a crime, and it has been stipulated that on the second instance, the vehicle will be confiscated in favor of the government. This article, using a descriptive-analytical method and relying on library resources and penal regulations, has examined this criminalization and its harms from the perspective of citizenship rights with an emphasis on the science of victimology. Findings indicate that although the punishment of perpetrators has relatively reduced the amount of fuel and goods smuggling on a macro level, it has not had the necessary deterrent effect. It seems that the confiscation of a vehicle lacking contraband goods, solely due to its alteration, lacks religious and moral legitimacy and is contrary to citizenship rights. Such an action constitutes an unfair punishment against citizens and can deal a fatal blow to the foundation of the family economy; therefore, it is incumbent on the legislator to take action to reform this punishment.
Keywords
Unconventional Alteration
Criminalization
Contraband Goods
Citizenship Rights
Vehicle Confiscation
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Journal of Legal Research
Volume 24, Issue 63
Autumn 2025
Pages 117-142