Incredible. The term "40 lashes" has significance. I think it is usually the point at which death occurs. Jesus received 39 because they didn't want to kill Him, just make an example of Him.
I'm at a loss of words (civilized ones, anyway).
The Jews always gave 39 lashes because the law said no more than 40 and they always subtracted one just in case they had lost count. You are right, though, anything over 40 is tantamount to a death sentence. For that there is stoning.