Speaking of criminal liability arising from the remote surgeries and also robotic surgeries for the minds which have accustomed to dogmatic in the realm of criminal law, is an unfamiliar issue. This is while new boundary in the field of criminal responsibility lead our surgical team to where through a rethinking of the traditional teaching on this topic, we analyze special and differential components of remote & robotic surgeries, thus, in this paper, the authors attempt that parallel to explaining the theoretical foundations governing criminal liability of the surgical team in surgical robotics, regarding software and hardware problems that have hampered the surgery which Cause harm to the patient & and perhaps leading to patient death, separate them & according to the consequences of each of these disorders explain the differential regulation of criminal responsibility the surgical team. Besides, the authors intend to provide a new reading of criminal liability by reflecting on new approach of criminal legislator in new Islamic criminal law and via this reply this question that what has been essentially established regarding criminal liability in new Islamic criminal law is an evolution in this area whose effects can be seen in criminal liability resulted from robotic surgeries or It merely refers to changes that may be difficult to call it evolution in criminal liability area.