Article 64 of the Saudi Anti-Narcotics and Psychotropic Substances Law

المادة 64 من نظام مكافحة المخدرات والمؤثرات العقلية

The article allows discretionary flogging penalties in drug offenses to be merged, being content with the heaviest, unless the judge sees otherwise, while stating that guilt is established in each offense separately.

Official text (Arabic)

This article has not been amended since the law was issued.

يجوز تداخل عقوبات الجلد التعزيرية ، اكتفاء بالعقوبة الأشد، ما لم يرى القاضي خلاف ذلك، مع التصريح بثبوت الإدانة في كل جريمة على حدة.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 64 explained in plain English

This article concerns the penalty of discretionary flogging when the offenses of which a person is convicted under the Anti-Narcotics and Psychotropic Substances Law are multiple, and provides the following:

Merging is allowed: discretionary flogging penalties may be merged, so that the heaviest penalty among them is carried out instead of carrying out all of them.
The judge's discretion: this merging is not mandatory; it is allowed unless the judge sees otherwise, meaning the judge may decide not to merge.
Establishing guilt in each offense: even when merging, the judgment must state that guilt is established in each offense separately, so merging does not mean dropping the conviction for the other offenses.

This article comes within the Law's rules on overlapping penalties: Article 62 provides that a person who commits several offenses before a final judgment in any of them is tried for the offense with the heaviest penalty, and Article 63 provides that fine penalties are cumulative and do not displace the penalty of confiscation. So the rule for flogging (permissible merging) differs from the rule for fines (accumulation).

Because applying merging depends on the judge's discretion and the circumstances of each case, a person facing more than one charge should consult a lawyer specialized in criminal and drug cases.

Practical example

Fahad is convicted in two drug cases, and the judgment in each includes a discretionary flogging penalty. The judge may be content with carrying out the heavier flogging penalty of the two, while stating in the judgment that Fahad's guilt is established in each case separately, and he may see otherwise and not order merging.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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