The Development of Laws on Justice Process of Thai Sangha

Abstract

The objective of this research is  to add the provisions of law on the Justice Process  in considering the discipline offenses of Thai monks. The research methodology in data collection and analysis is qualitative research consisting of Documentary research; In-depth interview; Participatory Design, Co-Design; and Hearing.

The results of the research found out that current procedure for considering the discipline offenses of monks is  unclear and inconsistent with the problem, inconvenient, unswift, and unfair which causes injustice of the offence proceedings to the accused monks in violating the Sangha order. There fore, the amendments of the Sangha Act, B.E. 2505 and the rules of Sangha Supreme Council of Thailand No. 11, B.E. 2521 under the essences of enforcing agency; proceeding of procedure to consider the offense; inquiry procedure; the Sangha Orders to punish monk; appeal; petition to the supreme council; and the fairness of justice for the innocent of accused monk.  

The research recommends to amend the Sangha Act, B.E. 2505, Section 29, and preparing a draft amendment to the rules of Sangha Supreme Council of Thailand No. 11, B.E. 2521, according to the legal structure of this research.