HIV prevalence in recent years, on the one hand, and the lack of specific law for criminal negligence and punishment for those who spread HIV on the other hand, have caused to attract the attention to use penal institutions in this regard. Some titles like: transmission of sexually transmitted diseases, willful murder, quasi-intentional homicide, attempted murder, premeditated assault and battery as well as restoring to arms (in order to frighten people) are applicable in Iran, however, threats to public health seems not to be appropriate in this respect. The death of offender or victim of an offence for reasons rather than AIDS and acquittal of offender before death penalty calling by victim offended person, lead to punishment fall and retaliation in Islamic Penal System of Iran. The knowledge of victim of an offence of being HIV transmitter or infective, even his/ her primitive satisfaction, brings no legitimacy for offender of the act committed. It also can not be considered as legal reasons for criminal act leading to criminal pardons.