SIMILARITIES AND DIFFERENCES IN CRIMINAL RESPONSES TO GOODS SMUGGLING

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.