Insanity of accused is one of the problems which may happen In the process of criminal procedure. As insanity removing criminal responsibility and the insane person has no comprehension of what he /she has been committed, this issue is truly important and Depending on which phase that accused become mad and insane, judicial decision would be different, it may be amount to writ of order of prosecution, stay order or even enforcement of sentence and etc… .Although it seems the articles related to definition of insane, enforcement of Hudoud and Qesas against insane person have some difficulties. Following this, to illustrate more the subject-matter, concerned articles in Islamic Penal code Bill would be analyzed.