Comparing the principle of intent under the penal code To the intent in the dharma discipline

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Phrakhruprathepwatcharaporn (Wichien Pannadipo, Meepaitoon) Pramanlert Acchariyapanyakul, Worapote Thanomkul,

Abstract

     This thesis has 3 objectives: (1) To study the intentions under the Criminal Code. (2) To study the principles of intent in the Dharma Discipline. In the research study, the researcher has studied the documentary information by researching both primary and secondary data, such as the Tripitaka, Textbooks, legal descriptions and Supreme Court Judgement, then analyze and synthesize various issues, such as the components that are fully intent in committing offenses against the criteria for decide whether the intentions of both parties are similar or different and present the researcher's ideas aimed at answering the objectives and problems that need to be known.  1. The results of the study found that the intentions in the Criminal Code, Section 59, the researcher found that the intentions are divided into 2 types, i.e. (1) Intention to effect, i.e. awareness of the intention to produce results; (2) Intention to see results, that is they do not want the results and do not intend to produce results, but it can be seen that there will definitely be a result, and the intention according to the Dharma and Discipline will have the nature of karma affecting the person doing that only when that person has done an action that consists of the following parts: (1) Having intention (wholesome Karma of unwholesome karma) as a component. (2) Having actions that can appear in 3 ways: physical, verbal and mental so that they appear as complete karma and when they appear, they will result. In this life and affecting the nextbirth in the next life. 2. The Intention under the Criminal Code or the intent of the Dharma Discipline is important because of actions, regardless of nature. The most important points that will determine the criteria for any decision or action, must be considered from the intent as a preliminary. So, the comparative study of intent in the Criminal Code and the intent in Buddhism are therefore beneficial to lawyers, educators and religious professionals who will understand the principles of intent more clearly, especially lawyers. It will be useful to consider amending the law related to the intentions under the Criminal Code and the intentions in Buddhism further.

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บทความวิจัย (Research Articles)