survival in the taking of human of life and criminal justice in imams' religious jurisprudence and iranian criminal law

although punishment of taking human life, but sometimes in rare despite the coroner confirmed the death of the offender by medical examiner the signs of life is appearance in loosing party. question that arises is that there is any possibility to implement this decree? and what about the harm that he suffered against the enforcement of the punishment is? by the following of article 438 of the penal code act 1392 , following the famous jurists the mere survival of taking of human in retaliation is unknown. according to mentioned article the possibility of execution by next of kin this is selfie. but if the first of retaliation that is run with any unauthorized, so stop the punishment the judgment of the retaliation. in this article, additional to critically analyzes the legal basis for taking human life verified in other punishment depriving (excution , cross, stoning to death) and we've that in these punishments , if medical examiner verified death of offender and judicial official announced the correctness death of offender there is not possibility of execution of sentence,accordingly if damage is not authorized axcution of the original judgment to be entered,