محمود مجیدی

Intervention in the foreign exchange market, like any other economic issue, has always been a question whether the government has the right or can intervene in this field, and basically how can the criminal intervention of the legislator in currency smuggling be analyzed based on the principle of harm? The current article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings indicate that the current criminal law has criminalized currency smuggling with the broad definition of it in the law and beyond an economic issue, it has also looked at it from a political and security point of view to the extent that such a crime is It has considered a condition of disruption in the economic system and has predicted the punishment of muharibeh for its perpetrators. Current criminal interventions in this field are only based on the principle of harm to prevent harm to others, both society and individuals, subject to conditions and justified in some cases. Because, from the point of view of Iran's policymakers and legislators, currency smuggling in the conditions of economic instability implies damage to the economy and individuals. From a critical point of view, this type of interventions, by ignoring the state's crime aspect which is derived from unjustified policies, programs and laws, focused only on the criminalization of individuals' behavior and the role of policies and decision-making institutions was ignored.

Espionage, as one of the most important crimes against security, has long been the focus of various legal systems, including Iran's criminal system. Due to its harmful nature for the national security and political stability of countries, this crime has always been at the top of the crimes that have been the focus of lawmakers and judicial authorities. In Iran's criminal system, the crime of espionage is included in various laws, including the Law on Punishment of Armed Forces Crimes. , the Islamic Penal Code and the Criminal Procedure Code of the Armed Forces have been discussed. However, due to the increasing complexity of espionage in today's era and the increasing spread of new spy tools and methods, it seems that there are gaps and ambiguities in the existing laws in this field. The findings of this research show that the crime of espionage in Iran's criminal system has a special position and there are many laws and regulations to deal with this crime. However, in some cases, these laws and regulations have gaps and ambiguities that need to be resolved. Also, in the judicial procedure regarding some There is no complete unanimity of the elements and elements of the crime of espionage

Adoption of proper Islamic law basis towards the concept of one who deserves to be killed and determining criminal sanctions in the case of crimes against one who allegedly deserves to be killed is significant both for the purpose of observing important principles of lawmaking and providing public order and security. Recent approach of criminal policy of Iran in the context is hopeful, particularly after passing of new Islamic Penal Code in 2013. Enumerating examples and stipulating criminal sanction for murdering of one who allegedly deserves to be killed are among the most important steps taken by enacting new Islamic Penal Code. The measures can pave the way for providing more protection of the principle of enforcement of penalties by the judiciary and providing and maintaining public order and security. Having examined the developments in criminal policy of Iran, the paper seeks to demonstrate that there is a long way ahead to realize a perfect criminal policy. Thus, in addition to examining flaws of Islamic Penal Code in the context, the paper provides solutions to the problem. The solutions focus on the necessity of acceptance by the legislator of changes in the base of Islamic law for the concept in on hand and safeguard of the principle of enforcement of penalties by the judiciary at the other hand.