Section 159 — Pleading a Recidivism Sentence Increase
Statutory text (Thai original)
ถ้าจำเลยเคยต้องคำพิพากษาให้ลงโทษเพราะได้กระทำความผิดมาแล้ว เมื่อโจทก์ต้องการให้เพิ่มโทษจำเลยฐานไม่เข็ดหลาบ ให้กล่าวมาในฟ้องถ้ามิได้ขอเพิ่มโทษมาในฟ้อง ก่อนมีคำพิพากษาศาลชั้นต้น โจทก์จะยื่นคำร้องขอเพิ่มเติมฟ้อง เมื่อศาลเห็นสมควรจะอนุญาตก็ได้
English translation
If the defendant has previously been sentenced by a judgment for having committed an offence, and the plaintiff wishes to have the defendant's punishment increased on the ground of failure to reform, this shall be stated in the charge. If the increase of punishment was not requested in the charge, the plaintiff may, before the judgment of the court of first instance, file a motion to amend the charge, and the court may grant it when it thinks fit.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision governs how a request to enhance punishment for recidivism must be raised. The enhancement is not automatic: the plaintiff must plead it in the charge, or, if omitted, seek to add it by amendment before the first-instance judgment, subject to the court's discretion. It links substantive recidivism enhancement under the Penal Code, such as Sections 92 and 93, with the procedural duty to give the defendant notice of the aggravating claim. Courts have read the pleading requirement flexibly where the plaintiff has already requested enhancement under a related law, treating that as sufficient to raise the recidivism ground.
Why this matters in practice
For a defendant with a prior record, this section is a notice safeguard: the prosecution cannot spring a heavier sentence on you at the end of trial without having raised recidivism in the charge or by timely amendment. For the prosecution, the deadline is firm, the request must come before the trial court's judgment. If you have a prior conviction and are facing new charges, check early whether an enhancement has been pleaded, because it directly affects your sentencing exposure.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 33/2568 (2025)
A request to increase punishment on the ground of failure to reform must comply with Section 159: it must be stated in the charge, or, if not, added by a motion to amend before the first-instance judgment, which the court may allow when it thinks fit.
In a methamphetamine case the plaintiff had not pleaded a recidivism enhancement in the charge. The Court set out the Section 159 rule that the enhancement must be pleaded, or added by amendment before the trial court's judgment, in examining whether the appellate court's increase of the sentence was lawful.
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Supreme Court Judgment No. 1856/2567 (2024)
Where the plaintiff has already requested an increase of punishment under a special statute, this is deemed an intention to seek the recidivism enhancement pleaded under Section 159 paragraph one, and the court may then increase the punishment by one third under the general Penal Code provision.
The plaintiff had requested enhancement under the former narcotics law provision. The Court held this amounted to pleading the recidivism ground under Section 159 paragraph one, so the court could increase the punishment by one third under the general Penal Code enhancement, and raised the issue on its own as a matter of public order.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can a Thai court increase a repeat offender's sentence automatically?
No. Under Section 159 the prosecution must state the request to increase punishment for failure to reform in the charge, or add it by amendment before the trial court's judgment.
What is the deadline to add a recidivism enhancement to a charge?
The plaintiff must file the motion to amend the charge before the court of first instance delivers its judgment, and the court may allow it when it thinks fit.