In a significant legal development, the Court of Appeal overturned a lower court's ruling that had sentenced a citizen to eighty lashes for drug possession. The court reduced the sentence to two months in prison and a two-year travel ban. This decision was based on a number of legal considerations and mitigating circumstances, most notably the lack of evidence to meet the legal requirements for the prescribed punishment, the small quantity of hashish seized (less than three grams), and the defendant's clean criminal record.
Details of the ruling and its legal grounds
The Court of Appeal's judicial division explained that its decision to overturn the flogging sentence came after a thorough review of the case file. It was found that the defendant's confession was limited to "possession of the narcotic substance with the intent to use it," a legally defined offense that differs fundamentally from proving "the act of use" itself, which requires specific evidence and conditions for the application of the prescribed punishment. Accordingly, the court reclassified the crime to align with the established evidence, applying a discretionary punishment (ta'zir) at the judge's discretion, rather than the fixed punishment.
General context and Saudi legislation for combating drugs
The Kingdom of Saudi Arabia adopts a strict policy in combating drug trafficking and smuggling, based on Islamic Sharia and local regulations. Historically, punishments have ranged from fixed Sharia punishments (such as the punishment for intoxicants) to discretionary punishments determined by the judge. However, the Kingdom's judicial system is undergoing rapid development in line with Vision 2030, which aims to modernize the judicial system. This ruling comes within the context of a legislative approach that seeks to balance deterrence and rehabilitation, especially in cases of simple drug use and possession, where greater emphasis is placed on the defendant's personal circumstances and opportunities for rehabilitation. The court based its ruling on Royal Decree No. M/33 of 1444 AH, which reinforces the principle of proportionality between the punishment and the crime in discretionary punishments.
The importance of the ruling and its expected impact
This ruling is of paramount importance domestically, reflecting the flexibility of the Saudi judicial system and its ability to distinguish between major trafficking offenses and those involving possession for personal use. It also highlights the judiciary's humanitarian role by taking into account mitigating circumstances such as the defendant's clean record and family responsibilities, thus offering an opportunity for rehabilitation and reintegration as a productive member of society. Internationally, such rulings contribute to enhancing the image of the Saudi justice system, demonstrating its application of principles of justice that balance punishment and rehabilitation. This aligns with modern human rights standards that advocate avoiding corporal punishment and focusing on custodial sentences with a rehabilitative character. The court upheld the two-month prison sentence and the two-year travel ban to emphasize that leniency does not equate to leniency, but rather to the precise application of justice in a manner that achieves both deterrence and prevention.
