The judicial principle of punishments is based on the necessity of criminal knowledge, location theory and the necessity of systematic criminal proceedings. Acknowledging the priority of the province of the qualified judicial and disciplined authority in investigation, proceedings, determination and execution of punishment, the right of arbitrary actions and seeking violence for the desired realization of the said unqualified persons has been prohibited. The principle of the exclusive jurisdiction of the judicial system has been accepted in Article 36 and 37 of the Constitution, but in the normal criminal laws beyond the jurisdictional rights, we see the existence of exceptions in Article 302 of the Islamic Penal Code. The origin of this issue is derived from Islamic jurisprudence and numerous opinions of jurists regarding the person of Mahdur al-Dam, which causes the suspicion to spread to the mind that such persons are Mahdur al-Dam, compared to all members of the society. The present study, with descriptive-analytical method and with the aim of critical analysis of the exclusive jurisdiction of the judicial system with an approach to Article 302 and 303 of the Criminal Code, aims to explain the criteria of the functional measurement scale of laws in the execution of punishment. The conclusion that Article 303 of the Islamic Civil Code did not give absolute authority to individuals and placed the burden of proving that Mahdur al-Dam or the application of Mahdur al-Dam is a subject and an example is on the individuals themselves, which is considered a form of weakness and finally, the legislator has placed the principle on the lack of permission, but in some cases, there are obvious examples of violations that require changes in articles 302 and 303 of the Islamic Penal Code.