The Comparative Study of Intention in Buddhism and Intention in Criminal Law of Thailand

Abstract

The  purposes  of  an  academic  article  on ìThe  Comparative  Study  of  Intention  in  Buddhism and  Intention   in  Criminal  Law  of  Thailandî has three objectives as follows This thesis aims  to study an intention in Buddhism, to study an intention in the criminal law of Thailand and  to compare  an intention in Buddhism and in criminal law of Thailand. According to the study, thought of Buddhism, when compared with the thought of the Penal Code had both similarities and differences. It was clearly seen that there were many similarities in the actions and offense of person each time.  However, the most important element and first to consider are the differences found in the thought of Buddhism. It is found that the offense and action must be completed the intent.  This appears in three ways: Physical, verbal, and mental.  Even thought the person has the intent and has karma that is mental or called: Manokarma.This happens with results of karma that the person must receive.  But in the Penal code even though persons have the intent but must prove that they have  the complete element of the wrong action or not. Persons must consider by physical and verbal only, but not mental.  Even thought the persons have  the intent, they can not consider punishing that person because of the Penal Code.  This is called intent without doing the offense which is the complete element of offense. So they can not assign verdict and sentence that person for punishment.

The study concluded that the intentions both in Buddhism and in criminal law are the most important things. Therefore, the comparative study of intention in Buddhism and in criminal law of Thailand is  not only benefit to the lawyers, educators and the religious academic leaders but also to clarify the understanding of the principles of intentions and especially to the lawyers in order to judge fairly.