Section 90 — Single act violating several laws
English translation
When any act constituting a single offence violates several provisions of law, the provision carrying the heaviest punishment shall be applied to punish the offender.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 90 governs a single act that offends several provisions (kamma diao phit kotmai lai bot). The rule is that the offender is convicted on all the provisions violated but is punished only under the one carrying the heaviest penalty. It contrasts directly with Section 91, which deals with several distinct acts and requires a separate punishment for each. The threshold question is factual: whether the conduct is one act or several, which the courts decide from the offender's intent and the separability of the acts. The section applies across offences in the Penal Code and in special statutes alike, so a single collision or a single false document can trigger several provisions yet attract only the heaviest penalty.
Why this matters in practice
Whether your conduct is charged as one act under Section 90 or as several acts under Section 91 directly controls your total penalty exposure, because Section 90 caps you at the single heaviest provision while Section 91 stacks a penalty for each count. Defence work often centres on arguing that seemingly separate charges arose from one indivisible act, which then confines punishment to one provision. Conversely, prosecutors may frame conduct as multiple acts to raise exposure. The characterisation is fact-sensitive and worth analysing early with counsel; you can book a consultation to review how the charges are framed.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 194/2568 (2025)
Where a single reckless act violates both the Penal Code and the Land Traffic Act, Section 90 requires punishment only under the provision carrying the heaviest penalty.
A reckless-driving incident causing grievous bodily harm was a single act offending both the Penal Code and the Land Traffic Act. The court treated it as one act violating several provisions and, under Section 90, punished the defendant only under the heaviest provision, reckless causing of grievous harm.
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Supreme Court Judgment No. 2981/2568 (2025)
A single reckless act that offends several provisions is punished under Section 90 by the single heaviest provision, here a Land Traffic Act offence carrying the gravest penalty.
A driving incident breached several Penal Code and Land Traffic Act provisions in one act. Applying Section 90, the court punished the defendant only under the Land Traffic Act provision carrying the heaviest penalty.
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Supreme Court Judgment No. 948/2568 (2025)
Section 90 confines punishment for a single reckless act offending several laws to the provision with the heaviest penalty before any reduction for a guilty plea is applied.
A reckless-driving case causing grievous harm violated the Penal Code and the Land Traffic Act in one act. The court applied Section 90 to punish only under the heaviest provision, then reduced the sentence by half for the guilty plea.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
If one act breaks several laws, am I punished for each?
No. Under Section 90, when a single act violates several provisions you are convicted on all of them but punished only under the provision carrying the heaviest penalty.
How is Section 90 different from Section 91?
Section 90 covers one act breaking several laws and applies only the heaviest penalty. Section 91 covers several distinct acts and requires a separate punishment for each count.