Smuggling of goods and currency due to the negative effects that it has in the field of trade, production, investment and other aspects of the economic system has always been considered by criminals in different legislative periods and has been criminalized. On the other hand, committing crimes in a group and organized manner in the face of a simple and unorganized state has intensified the negative effects of this crime, and on the other hand, dealing with these crimes has its own difficulties.
Based on the above, in the Law on Combating Commodity and Currency Smuggling, for the first time in this field, the crime of organized trafficking was defined in paragraph "s" of Article 1 of this law, and in this paragraph the necessary characteristics for the commission of this crime were stated. Despite the definition of this crime in the law and the expression of the legal characteristics necessary to achieve organization, the review of judicial procedure shows that the investigating authority in the position of denying or proving organized crime did not pay attention to the legal conditions and They have commented on this issue without any reason. In this article, while examining the necessary elements for achieving organization, some of the votes issued in this regard are reviewed.