Page:New penal code of Siam (Masao T, 1908).pdf/9

 same thing has the advantage of doing so by extending the maximum limit of the punishment by so much and within the maximum limit so extended. As adopted in the new Penal Code of Siam there are four kinds of recidivism, viz., general recidivism, special recidivism, third offenders’ recidivism, and recidivism of petty offences. General recidivism applies where a person who has been punished for any kind of offence commits another offence of whatever kind within five years of his liberation from the punishment suffered for his first offence. In such a case the punishment for the subsequent offence is, according to the system adopted, to be increased by one-third. Special recidivism applies where a person who has been punished for one of the offences specially mentioned in the Code for this purpose, commits another offence of the same class within three years of his liberation. In such a case, the punishment for the subsequent offence is to be increased by one-half. Third offenders’ recidivism applies where a person who has been twice punished for one or another of the offences specially mentioned in the Code for this purpose commits another offence of the same class within five years of his liberation. In such a case the punishment for the last offence is to be doubled. Recidivism of petty offences applies where a person who has been punished for having committed a petty offence commits another petty offence of the same class within one year. In such a case also the punishment for the subsequent petty offence is to be doubled.

One of the most striking features of the French Penal Code is the extreme narrowness of the limits within which the maximum and minimum of each punishment are prescribed. It forms a strong contrast to the English system of prescribing only the maximum punishment for each offence and leaving everything else to the discretion of the Judge. Under the French system the Judge has but little discretion left. The system of maximum and minimum punishments adopted in the French Penal Code is one of the reflections of the spirit of the period follow-