Document Type : research
Authors
1
Assistant Professor, Department of Law, Faculty of Law, Islamic Azad University, Khorramshahr International Branch, Khorramshahr, Iran.
2
Ph.D., Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Mazandaran University, Mazandaran, Iran
3
Master's degree, Department of Criminal Law and Criminology, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran
10.22034/ejs.2024.442490.1694
Abstract
Background and Aims: One of the emerging social phenomena in the border regions of Iran is Kolbari. This article, while examining the legislative policy in the face of the Kolbari phenomenon, analyzes the roots of this phenomenon in the border areas and its adaptation to the requirements of the constitution.
Materials and Methods: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Findings: Mistakes in the interpretation of legal articles, including the anti-trafficking law, are one of the most important factors of uncertainty in the interpretation of the legal nature of Kolbari.
Conclusion: Citing the disturbance in the economic system of the country to the act of colbert is far-fetched, and colbert is outside of the phenomenon of smuggling both in terms of the subject matter and as a sentence with the primary and secondary title of the sentence, and on the other hand, colbert as an obstacle to criminal liability based on the rule " It is necessary to condemn prohibitions. The realization of this obstacle is due to the responsibility of the government in not implementing the clauses of the constitution in the border cities, which leads to economic inadequacies and the spread of the Kolbari phenomenon.
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