In recent years, the implementation of the death penalty has faced serious challenges with the spread of social media and the rapid transmission of news, which necessitates the analysis and investigation of various aspects of the implementation of the death penalty as the main punishment for this crime. There are challenges in opposition to the implementation of this punishment, including the need to preserve freedom of speech, calling the execution of Sub-Nabi an assassination, invoking the mercy of the beloved Prophet of Islam and the Ahl al-Bayt, peace and blessings of God be upon them, towards their enemies and their ilk, which in addition to creating suspicion, attempts They want to slander the religion of Islam unjustly. It seems that not only the implementation of the punishment of Subal-Nabi is not in conflict with the freedom of expression, but it happens to be in the direction of preserving the freedom of opinions and expression. On the other hand, the analysis of the important article 263 of the Islamic Penal Code approved in 1392 is also significant as an escape for Sab-ul-Nabi. In this research, an attempt has been made to provide appropriate legal answers to these challenges by relying on jurisprudential sources and especially legal sources. Among the last-mentioned article, which was clearly stated by the legislator, the accused of sab-al-nabi can be freed from the death penalty in the court, just by claiming drunkenness, anger, bad language and the like. This research was written based on authentic jurisprudential and legal sources in a descriptive and analytical manner with reference to library sources to take steps towards correct analysis and clearing doubts by relying on these fundamental sources.