Section 93 — Same-category recidivism, one-half increase
English translation
Whoever, having been finally sentenced to imprisonment of not less than six months, commits an offence of the same category as the offence for which the person was already punished, whether during the time the person is still serving that punishment or within three years from the date of release, shall, if the court is to impose imprisonment, have the punishment for the later offence increased by one half of the punishment fixed by the court for that offence.
Offences of the same category are offences falling within the same title, as follows:
(1) offences relating to the security of the Kingdom;
(2) offences relating to public administration;
(3) offences relating to the administration of justice;
(4) offences relating to religion;
(5) offences relating to public peace;
(6) offences relating to causing danger to the public;
(7) offences relating to forgery and counterfeiting;
(8) offences relating to trade;
(9) offences relating to sexuality;
(10) offences against life and body;
(11) offences against liberty and reputation;
(12) offences relating to property;
(13) offences relating to corpses;
(14) petty offences.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 93 is the aggravated recidivism rule. Its elements are stricter than Section 92: a prior final sentence of at least six months' imprisonment, and a later offence of the same statutory category committed either while still serving or within three years of release. When met, the increase is one half rather than the one third under Section 92. The section defines same category by reference to fourteen titles, from offences against the security of the Kingdom through property offences and petty offences, so the enhancement bites only where the old and new offences share a listed category. It remains subject to Section 94, which removes negligent, petty, and under-eighteen offences from the enhancement calculus.
Why this matters in practice
Same-category repeat offending carries a heavier penalty exposure than general recidivism: the increase is one half, not one third, and it applies even while the earlier sentence is still being served. Whether the enhancement bites turns on the category match, so a defence may contest that the prior and current offences fall in different titles, or that the prior sentence was under six months or too old to count. As with Section 92, the enhancement is normally pleaded and identity confirmed, and Section 94 exclusions still apply. Reviewing your record and the category classification early is important; you can book a consultation to assess the exposure.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6187/2567 (2024)
Where a defendant with a prior theft conviction commits a further property offence of the same category, the court increases the later term by one half under Section 93.
The defendant was convicted of theft and, as a same-category repeat offender, had the base term of four years and six months increased by one half under Section 93 to six years and nine months before mitigation for the guilty plea was applied.
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 is Section 93 different from Section 92?
Section 92 adds one third for any imprisonable repeat offence within five years. Section 93 adds one half, but only where the prior sentence was at least six months and the new offence falls in the same listed category, committed while serving or within three years.
What counts as an offence of the same category?
Section 93 lists fourteen categories, such as offences against life and body, offences relating to property, and sexual offences. The enhancement applies only when the prior and later offences share one of these listed categories.