Section 92 — General recidivism, one-third increase
English translation
Whoever, having been finally sentenced to imprisonment, commits within five years from the date of release an offence for which imprisonment may be imposed, shall, if the court is to impose imprisonment, have the punishment for the later offence increased by one third of the punishment fixed by the court for that offence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 92 is the general recidivism provision in Book 1's chapter on repeat offences. Its elements are a prior final sentence of imprisonment, a fresh imprisonable offence committed within five years of release, and a court decision to impose imprisonment for the later offence; when these are met, the later punishment is increased by one third. It is the milder of the two enhancement rules: Section 93 imposes a one-half increase where the repeat offence falls in the same statutory category as the prior one. Both are read subject to Section 94, which excludes offences by negligence, petty offences, and offences committed while under eighteen from counting toward enhancement. The increase is calculated on the punishment the court fixes for the later offence.
Why this matters in practice
If you have a prior imprisonment sentence, a new charge within five years of release exposes you to an automatic one-third increase on top of the base sentence, so the prior record is a live sentencing factor, not just background. The prosecution normally must plead the enhancement and the defendant is usually asked to confirm identity with the person in the earlier case. Defences and mitigation still apply: negligent, petty, and under-eighteen prior offences do not count under Section 94, and a guilty plea can reduce the base before the one-third is added. If a prior conviction may be raised against you, review your record early; the firm can help with criminal records checks in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7491/2568 (2025)
Where a defendant with a prior imprisonment sentence commits a further imprisonable offence, the court adds a one-third increase to the base term under Section 92.
The defendant was convicted of a firearms offence and sentenced to one year. Because the conditions for recidivism were met, the court increased the term by one third under Section 92, making it one year and four months.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How much extra punishment does Section 92 add?
Section 92 increases the punishment for the later offence by one third of the term the court fixes, where a prior imprisonment sentence and a new imprisonable offence within five years of release are shown.
Do all prior convictions count toward the increase?
No. Under Section 94, prior offences committed by negligence, petty offences, and offences committed while under eighteen do not count toward the enhancement under Section 92.