Abstract

                  The dissertation entitled “A Comparative Study on the Principle of Guilty Person Punishment in Theravada Buddhism with Criminal Law and Procedure of Criminal Law” consists of 4  objectives as follows 1) to study the punishment of the offender in Adhikarana (disciplinary  case of dispute) of Buddhism, the abatement of  Adhikarana and Niggahakamma (the law of suppression) of the Sangha Supreme Council, (Volume 11)  B.E. 2521 on the chastisement of a perverse monk according to the Sangha Acts of B.E. 2505 (amended  B.E. 2535.)   2) To study the punishment of the guilty person in accordance with the criminal law and the procedure of criminal law of Thailand. 3) To study on a comparison between the punishment to a guilty person in Theravada Buddhism and the procedure of criminal law of Thailand. 4) To synthesize a formulation of principles and the process of a rational and justified punishment to a guilty person in today society.

The findings of the study were concluded that, the laws of suppression (Niggahakamma) were used for a perverse monk in the early Buddhism and these laws were concerned about the conflict of the Buddha’s doctrine and discipline that occurred in Sangha community. The laws of suppression are divided into four categories and there are seven of solutions.

At present, the law of suppression of the Sangha Supreme Council, (Volume 11) B.E. 2521 (the law of suppression) on the chastisement of a perverse monk according to the Sangha Act of B.E. 2505 (amended B.E. 2535) was used to solve the conflicts of the Sangha community. These laws were followed in line with the law of the kingdom.  

The criminal law and the procedure of criminal law were made for preventing and managing of conflicts in the society. The law was the principle of punishment to the guilty persons and used to control the behavior of people in the society. All rules and regulations were developed from the moral system, custom, tradition and religious teaching in order to maintain the contentment in all aspects of the society.

In case of a comparative study on the infliction of punishment to the perverse monk in Buddhism and the criminal law together with the procedure of criminal law, the four major differences and similarities were found as follows: 1) the prosecution 2) trial procedure 3) render judgment and 4) a case dismiss. There were four differences and the similarities processes were found in the law of suppression as follows; 1) the prosecution, 2) trial 3) evidence and 4) legal execution.

However, when the proper punishment methods for the Sangha community and the Thai society were investigated, it can be mentioned that the Adhikarana or the laws of suppression were enacted for preventing, suppressing and repressing to perverse monks and also aimed to the harmony of Sangha community.  This will lead to the unity of Sangha and focus on the transparency and justice. Therefore, the law of suppression or Niggahakamma should be applied to the criminal law and the procedure of criminal law in order to provide justice and peace to the society permanently.

Download