Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 14-30 |
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Chegini H, Jafari F, Kazemi S S. Criminal Liability for Drug Smuggling by Pharmaceutical Companies and Institutions through the Law on Combating Goods and Currency Smuggling. MLJ 2025; 19 (60) :14-30
URL: http://ijmedicallaw.ir/article-1-1873-en.html
URL: http://ijmedicallaw.ir/article-1-1873-en.html
1- Department of Law, Faculty of Literature and Human Sciences, Malayer University, Malayer, Iran
2- Department of Law, Faculty of Literature and Human Sciences, Bu-ali Sina University, Hamedan, Iran.
2- Department of Law, Faculty of Literature and Human Sciences, Bu-ali Sina University, Hamedan, Iran.
Abstract:
Background and Aim: Drug smuggling is one of the crimes that is realized against the medical and economic system for various reasons, including the high profits for the perpetrators and as a result, many people from the society suffer economically, healthily and medically. Such crimes are sometimes partially realized by natural persons and sometimes they are committed by legal persons in the form of institutions, companies and departments related to medicine. For sure, the ill effects of the latter type will be much more compared to drug smuggling by natural persons, so it is necessary to discover, prosecute and punish this kind of institutions. The purpose of conducting such a research is, first of all, to examine the punishments foreseen in the anti-trafficking law for legal entities such as institutions and pharmaceutical companies for drug smuggling and secondly, to identify the challenges, disadvantages and legal ambiguities regarding The prescribed punishments are for pharmaceutical institutions and companies and natural persons involved in the crime of these laws. Finally, solutions will be provided to resolve these challenges and ambiguities.
Method: In this research, it has been tried to investigate the conditions of realization of criminal responsibility regarding medical and pharmaceutical institutions in the field of drug smuggling, legal challenges and loopholes in punishing these persons have been determined and finally, solutions have been provided.
Ethical Considerations: Honesty and trustworthiness have been observed in all stages of writing.
Results: In the smuggling of prohibited goods such as drugs, some legal entities such as pharmaceutical institutions and companies can commit such crimes based on their working conditions and nature. In realizing criminal liability, these persons will be subject to general criminal laws, but in determining their punishment, priority will be given to laws such as the Law on Combating Goods and Currency Smuggling.
Conclusion: In Iran's criminal system, drug smuggling is included in the category of prohibited goods smuggling and the legislator has considered a different punishment for it than other smuggled goods, in such a way that in the case of legal entities such as pharmaceutical institutions and companies who commit drug smuggling The most severe punishment is liquidation. This type of punishment has its own negative and positive effects. Applying the prescribed punishments to pharmaceutical institutions and companies will not prevent the punishment of natural persons involved in the crime of drug trafficking and according to the relevant laws, in addition to pharmaceutical institutions and companies, the legal representative or manager of such institutions, if the stipulated conditions are met They will be punishable by law. Some of the punishments provided in the law to combat the smuggling of goods and currency, such as fines, do not have the necessary deterrents regarding smuggling and will not fully achieve the goals of the punishments, but some other punishments, such as the publication of convictions of institutions and Pharmaceutical companies committing smuggling will have a greater impact in the field of identifying and scandalizing these people. From the point of view of the judicial process, it seems that the process of a differential criminal trial is necessary in dealing with crimes related to medical affairs, although currently it is not fully and seriously implemented in the criminal system of Iran.
Please cite this article as:
Chegini H. Criminal Liability for Drug Smuggling by Pharmaceutical Companies and Institutions through the Law on Combating Goods and Currency Smuggling. Medical Law Journal. 2025; 19: e2.
Method: In this research, it has been tried to investigate the conditions of realization of criminal responsibility regarding medical and pharmaceutical institutions in the field of drug smuggling, legal challenges and loopholes in punishing these persons have been determined and finally, solutions have been provided.
Ethical Considerations: Honesty and trustworthiness have been observed in all stages of writing.
Results: In the smuggling of prohibited goods such as drugs, some legal entities such as pharmaceutical institutions and companies can commit such crimes based on their working conditions and nature. In realizing criminal liability, these persons will be subject to general criminal laws, but in determining their punishment, priority will be given to laws such as the Law on Combating Goods and Currency Smuggling.
Conclusion: In Iran's criminal system, drug smuggling is included in the category of prohibited goods smuggling and the legislator has considered a different punishment for it than other smuggled goods, in such a way that in the case of legal entities such as pharmaceutical institutions and companies who commit drug smuggling The most severe punishment is liquidation. This type of punishment has its own negative and positive effects. Applying the prescribed punishments to pharmaceutical institutions and companies will not prevent the punishment of natural persons involved in the crime of drug trafficking and according to the relevant laws, in addition to pharmaceutical institutions and companies, the legal representative or manager of such institutions, if the stipulated conditions are met They will be punishable by law. Some of the punishments provided in the law to combat the smuggling of goods and currency, such as fines, do not have the necessary deterrents regarding smuggling and will not fully achieve the goals of the punishments, but some other punishments, such as the publication of convictions of institutions and Pharmaceutical companies committing smuggling will have a greater impact in the field of identifying and scandalizing these people. From the point of view of the judicial process, it seems that the process of a differential criminal trial is necessary in dealing with crimes related to medical affairs, although currently it is not fully and seriously implemented in the criminal system of Iran.
Please cite this article as:
Chegini H. Criminal Liability for Drug Smuggling by Pharmaceutical Companies and Institutions through the Law on Combating Goods and Currency Smuggling. Medical Law Journal. 2025; 19: e2.
Type of Study: Original Article |
Received: 2024/08/1 | Accepted: 2024/11/7
Received: 2024/08/1 | Accepted: 2024/11/7
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