Acid attack is among the crimes for which Qisas is the primary punishment, whether it pertains to the soul, body, or benefit. The necessity of observing the principle of similarity in the implementation of Qisas, juxtaposed with the infeasibility of retribution in instances where there is a risk of excessive harm, has led to significant doubts regarding the applicability of retribution for this crime. Addressing this behavior, which inflicts irreparable physical and psychological harm on the victim, requires the adoption of a prudent and comprehensive criminal policy that emphasizes the severity of punishment and the protection of the victim. In this context, uncertainties surrounding the feasibility of retribution undermine the deterrent objective of this crime.
This research analyzes both the material and mental elements of this crime and examines Iran's criminal policy in light of "the Law on Increasing the Punishment of Acid Attacks and Protecting the Victims Thereof" from the perspective of criminal law principles and jurisprudential standards, including the condition of similarity in retribution. Despite the new law's innovations compared to the previous legislation, which align it more closely with Islamic jurisprudence, ambiguities persist regarding the physical behaviors encompassed by this law. There is uncertainty in determining the punishment for the crime of acid attack and the nature of forgiveness by the next of kin or the victim concerning the Ta'zir punishment for this crime. Furthermore, there is uncertainty regarding the enforceability of retribution for limbs or benefits based on the condition of similarity. It is imperative for the legislature to address these deficiencies.