An Inquiry into the Identity of Permeation in Jurisprudence and Criminal Law (Legal Compensation for the Identity of Permeation)

The Legislator in Islamic Punishment Code, in several articles, has put the title of “permeation” under its legislation. Legislation in every subject, requires that, in the first place, we explain the identity of the subject and recognize every aspect of it. However, the legislator, without identifying his definition of “permeation”, has delved into the legislation in this field, which leads to several ambiguities for experts in forensics. Passing of time is an essential condition for realization of the identity of “permeation”; this has been discussed in Common Law in which the passing of one year and one day was a condition for realization of the “permeation”. It is of paramount importance that the identity of ‘permeation’ is a jurisprudential innovation, something the legislator has profited a lot. Therefore, it would be better if the legislator explained his definition of ‘permeation’ by presenting the conditions for the realization of the identity of ‘permeation’. A descriptive-analytic method was used and the essential information was gathered through library studies in Jurisprudential, legal, medical and other books. This essay lead to the conclusion that the realization of the identity of ‘permeation’ depends on two conditions: 1. The existence of two crimes; 2. A causal relation. The passing of time is only a prevalent requirement of ‘permeation’, not an essential part of it.