Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1203

 If the accused has once been sentenced to punishment due to the commission of an offence and the prosecutor wants his punishment to be increased on account of recidivism, this shall be stated in the charge.

If no application for increase of punishment is made in the charge, the prosecutor may move for amending the charge before the court of first instance gives the judgment. When finding it appropriate, the court may give permission.

Several counts may be included in the same charge, but they shall be separated from each other and numbered consecutively.

Each count may be considered independent of each other. If finding it appropriate, the court may order one or several counts to be tried separately from the others and may give such order before or during the trial.

If the charge does not conform to the law, the court shall order the prosecutor to rectify it, or shall dismiss it, or shall refuse to accept it.

The prosecutor has the power to appeal such court order.

If the charge has already conformed to the law, the court shall proceed to give the following order: