چکیده:
Buy and sell of foreign currency is one of the banking operations and the Central Bank is responsible for formulating and setting its regulations, as well as monitoring their implementation. The essential criminal laws supporting exchange policies are; the Monetary and Banking law of the country approved 09/07/1972, the punishment of the disarrangers of country’s economic system approved 10/12/1990, the regulation law of the non-monetary market approved 11/1/2005, as well as the anti-smuggling of goods and currency, approved 24/12/2013. In this study, we investigate these rules and answer the question by the descriptive and analytical method that whether the criminal legislator’s intervention in the protection of the government communication’s policies in buy and sell of foreign currency is based on the principles including clarity and transparency, or not. We have concluded that the non-observance of some tenets of criminalization as well as the lack of attention to other laws which are approved in this area, causes ambiguity and the conflict between laws as well as controversy in the judiciary precedent. This matter eventually leads to the failure of adopting a single and coherent criminal policy which has been used to confront this illegal behavior.
خلاصه ماشینی:
” So if an exchange currency acted in buy and sell of foreign currency without complying with governmental regulations, its behavior is based on paragraph (A) of the article 42 monetary and banking law, and the foreign currency of this buy and sell considered as illegal and any form of deal by that foreign currency including resell it and keeping and transferring or remitting it, is smuggling and more correctly it is a crime based on article 18 in 2015.
” Some other judicial authorities considered illegal buy and sell of foreign currency as smuggling crime and depending on the criminal behavior that is organized or professional and based on the type and amount of the determined punishment that is imprisonment or permanent detachment or otherwise determine its jurisdiction for Revolutionary Court or Governmental Discretionary Punishments Organization.
It is also forbidden to buy and sell foreign currency and any bank operations without considering the regulations of the Central Bank of the Islamic Republic of Iran based on paragraph A, article 42 of the mentioned law.
In this field, judicial precedent has been divided because of nonconformity the principle of “perspicuity and transparency” in making laws, then some judicial authorities consider “illegal buy and sell of foreign currency” as an independent crime and determine punishment in terms of paragraph A, article 42 of the country’s monetary and banking law.