Legal Problems on the Prosecuting of the Monastic Discipline under the Rules No. 11 (B.E. 2521) of Saṅgha Supreme Council of Thailand on the Suppression (Niggahakamma) and the Process of Judicial Criminal Proceedings on Criminal Procedure Code.

Abstract

The objectives of this research were: 1) to study the Sangha discipline prosecuting of Rule No. 11 (B.E. 2521) of The Sangha Supreme Council of Thailand on the suppression, 2) to study criminal proceedings under the Criminal Procedure Code, 3) to compare the legal issues related to  the Sangha Discipline Prosecuting of Rule No. 11 (B.E. 2521) of The Sangha Supreme Council of Thailand on the suppression and criminal proceedings under the Criminal Procedure Code and 4) to recommend the direction to solve, improve the Sangha Discipline Prosecuting of Rule No. 11 (B.E. 2521) of The Sangha Supreme Council of Thailand on the Suppression and Criminal Proceedings under the Criminal Procedure Code.  The research was qualitative research and the researchers used documentary research as the majority by collecting information from Tipitaka – Mahachulalongkornrajavidyalaya Publication, Sangha Act, Rule No. 11 (B.E. 2521) of The Sangha Supreme Council of Thailand on the Suppression and Criminal Proceedings under the Criminal Procedure Code and related documents and text books.

The researchers found that 1) the Sangha discipline prosecuting of Rule No. 11 (B.E. 2521) of The Sangha Supreme Council of Thailand on the suppression was similar to criminal proceedings, 2) and Criminal Proceedings under the Criminal Procedure Code from the past to present would require the principle of argument of both parties, 3) comparison on the legal issues related to  the Sangha discipline Prosecuting of Rule No. 11 (B.E. 2521) of The Sangha Supreme Council of Thailand on the suppression and criminal proceedings under the Criminal Procedure Code, it was found that the suppression procedure and method corresponded to the case in court, the different was on punishment of offenders appropriately and fairly to Sangha society and Thai society and 4) the recommendation was to establish Sangha Disciplinary Court to substitue appointment system for Sangha judicial procedure to judge the offended monk.