Legislator's Criminal Intervention in Currency Smuggling Based on the Principle of Loss

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.