Murder Result from Provocation of Victim in Paradigm of Iran's Penal Law

The incitement to the murder of the victim due to the provocation and mental agitation of the perpetrator and the subsequent murder deserves to be treated differently. It should be noted that although the excuse of provocation does not have a specific title in the public sector, but from the two articles 38 and 630 of the Islamic Penal Code, which are punishable by imprisonment and murder with retaliation, the perpetrator deserves to be commended and relieved. Responsibility knows and has the following conditions: - Because of the victim's behavior and speech - the physical and direct appearance of the commission – the original or unintentional of the provocation and the presence of a specific and personal criterion in relation to the criminal conduct and the perpetrator. The present study also examines this issue in Iranian law and jurisprudence, considering the difference in provocation and provocation excitation in criminal law based on the library method.