Problem of Criminal Liability in the Case of Buddhist Monks Engaging in Sexual Intercourse with the Consent of the Other Party

Abstract

This research shall study the problem of criminal liability in the case of Buddhist monks engaging in sexual intercourse with the other party's consent. The author has compiled Buddhist documents from Tripitaka, commentaries, Dika, books, articles, and legal documents, concepts, and theories from academic textbooks, and related research results. The purpose of this study was to investigate the problem of the appropriateness of laws regarding the punishment of monks engaging in sexual intercourse with the consent of the other party and to compare the legislation on sexual intercourse with the consent of the other party among monks in Thailand and other countries. Additionally, the research aims to examine Thai laws related to monastic discipline concerning sexual intercourse. The study found that alternative measures to prevent the problem of sexual intercourse among monks had been proposed, which is not prosecuting monks who have sexual intercourse.  The reason is that punishment for offenses according to the monastic discipline should be the responsibility of the Sangha, and the State should not interfere. However, the author was of the view that The State is responsible for maintaining public order and good morals, and also has a duty to prevent the decline of faith in Buddhism. If penalties are imposed under criminal law in such cases, it may cause fear of violating the monastic discipline. In addition, the monks are considered one of the four Buddhist companies that play an important role and duty in the modern era in maintaining the continuation of Buddhism. The study of Buddhist doctrines focuses on three learning principles: 1) practice
2) studying the Scripture and 3) attaining enlightenment, which are the principles of practice that the monks must follow for life to be happy and prosperous. Especially, the monks have to follow the framework of the monastic discipline. In Buddhism, there is clearly the Vinayadhara, both monks and nuns who have been honored by the Buddha in the position of the Elder in the Vinaya, namely Phra Upali Thera and Phra Patacara Theri which plays an important role as a group of monks who uphold the discipline Therefore, it is considered an important identity of the Theravada Sangha. Because of the strict adherence and observance of the discipline until the present day.