CHAPTER 7 CONCURRENCE OF OFFENCES Section 90 When any act is one and the same act violating several provisions of the law having the severest punishment shall be applied to inflict the punishment upon the offender. Section 91 If it appears that any offender has committed the several distinct and different offences, the Court may inflict upon such offender the punishment prescribed for each offence. But, whether there shall be increase of the punishment, reduction of the punishment or reduction in the scale of the punishment, or not, the total punishment of every offence must not exceed the following determination: (1) Ten years in case of the severest offence to have the rate of the maximum punishment of imprisonment not exceeding three years; (2) Twenty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding three years upwards, but not more than ten years; (3) Fifty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding ten years upwards, unless in the case where the Court inflicts upon the offender the punishment of imprisonment for life. (Section 91 amended by Article 2 of the Decree of the National Executive Council (No. 11) and last, by Section 4 of the Act Amending the Criminal Code (No. 6), B.E. 2526) CHAPTER 8 RECIDIVE Section 92 If whoever, having been adjudged finally to be convicted by imprisonment, has committed any subsequent offence during the time still having to undergo the punishment, or within five years as from the date of passing the punishment, if the Court will sentence for the subsequent offence to be imprisoned, the Court shall increase the punishment to be inflicted upon such person by one-third of the punishment as prescribed by the Court for the subsequent offence. Section 93 Whoever, having been convicted of a prior offence by a final judgment, commits any subsequent offence as specified in the following sub-sections during the time he still has to undergo the punishment, or within three years as from the date of passing the punishment, both the prior and subsequent offences falling under the same sub-section, and if the Court is to inflict the punishment of imprisonment for the subsequent offence, the punishment to be inflicted upon him shall, if the punishment inflicted by the judgment for the prior offence was imprisonment of not less than six months, be increased by one-half of the punishment imposed upon him by the Court for the subsequent offence: (1) Offences Relating to the Security of the Kingdom as provided in Section 107 to Section 135; (2) Offences against Officials as provided in Section 136 to Section 146; (3) Malfeasance in Office as provided in Section 147 to Section 166; www.ThaiLaws.com 25