A Study on Expert Position in Commodity Smuggling Cases

In international documents and the Code of Criminal Procedure, the right to request an expert is recognized for the accused. The more technical and specialized crimes are, the more it is necessary to use expert opinions to identify the issue and bring it in line with the law, and in the meantime, to deal with economic crimes, including smuggling of goods; with its dynamism and complexity, rooted in the confusing business, banking and customs affairs, it requires professional and impartial experts.The legislature has adopted a policy of criminalization and maximum detection and speed of proceedings with a minimum of acquittance to combat the smuggling of goods, without explicitly prohibiting referral to an expert; The provisions of Article 47 of the Law on Combating Commodity and Currency Smuggling in 2013 have been interpreted as follows: The courts have deduced the legislative will on the "prohibition" and, in practice, have closed the way to refer the experts to the accused of smuggling goods.However, if approved by the Constitutional Council; We will see the imposition of differential rules in the blatant violation of one of the defendants' rights of defense. In this study, by examining the rules and procedures of the courts, the roots of the theory of "prohibition of referring technical issues of smuggling cases to experts" are examined.