Background and Aim: This article tries to study the provisions of Article 381 of the Islamic Penal Code of 1392 based on the study of criminal policy and to point to the discourse of participatory criminal policy and its effects in the execution and fall of the sentence of premeditated murder in the book of retribution.
Materials and Methods: The research method in this paper is descriptive-analytical.
Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed.
Findings: The findings of this study indicate that the prosecution of the offender and the punishment of retaliation in premeditated murder are subject to the request of the guardian, but in case of pardon and compromise with the offender, the responsibility in terms of public is left to official government authorities. Thus, in Iran's criminal policy, the guardians of the tail, along with the government, the treasury and the Supreme Leader, participate in responding to the criminal phenomenon of premeditated murder.
Conclusion: In response to the violations of norms that occur in society, although in accordance with the provisions of the Islamic Penal Code, the determination and application of punishment is in the exclusive competence of the government. However, in determining, executing and dropping the punishment of retaliation, based on the teachings of jurisprudence, the victim and the guardian have been given an important role and position as the primary and secondary victims of premeditated murder. Islam can be mentioned.