The Evolution of Criminal Law for the Protection of Religion and Believers in Thailand

Abstract

Background and Aims: 1) study the development of the relationship between religion, state, and laws in Thailand and in foreign countries, 2) find out the factors of change in the relationship between religion, state, and laws in Thailand in each era, 3) analyze the changes in criminal law in protecting religion and religion followers as a result of changes in the relationship between religion, state, and laws in Thailand and foreign influences, and 4) provide appropriate guidelines for determining criminal offenses in protecting religion and religion followers of Thailand.

Methodology: The documentary research method was used for this thesis by searching for documents, textbooks, legal texts, legal articles, examples of cases, opinions of academics or drafters of laws in the form of legislative bodies, including electronic information, both domestic and international, to obtain history, relevance to social conditions, concepts of religion and the state, and various theories of criminal liability.

Results: 1. The relationship between religion, the state, and foreign laws could be considered in terms of the formulation of laws to protect religion and religious followers in two ways: developments in secular states and developments in religious states. In the secular state, criminal offenses had been defined with the aim of society, and those in power since ancient times, and had evolved historically into criminal offenses primarily to protect the rights and freedoms of the followers. On the other hand, in a religious state country, here considering an Islamic state, there was a definition of criminal offenses based on the Quran. There was not much development of criminalization. So, on criminal offenses, when considering the development of Thailand, it was found that there was a tendency towards a religious state rather than a secular state due to the close relationship between the state, religion, and laws. And, the determination of some liability bases that still aimed to protect those in power, mainly relying on Buddhism. However, in Thailand, there were still criminal offenses that mainly protect people’s rights and freedoms to protect religion and its followers. 2. The factors affecting the change in the relationship between religion, the state, and the laws consisted of 3 aspects as follows: beliefs of followers in society, the government philosophy of the monarch, and the foreign influence. And, when considering the protection of religion and religion followers by criminal law, it could be considered as 10 elements: protection of religious institutions, religious belief and sacred objects, teachings, His Holiness the Supreme Patriarch, clergy, religious buildings, symbols, freedom of religion, freedom of propagation, and freedom of religious practice.3. The changes in criminal law in protecting religion and religion followers had been influenced by the changes in the relationship between religion, state, and law through all three factors. The factor of followers’ beliefs in society affected changes in the protection of religious belief and sacred objects, and the protection of freedom to practice one's beliefs was the main principle. The factor related to the ideology of the monarchy affected the changes in criminal law to protect religious institutions, teachings, clergy, religious buildings, and religious symbols. The factor of foreign influence affected the change in the protection of religious institutions, religious places, and religious symbols, which, in some periods, led to criminal offenses against the freedom of religion. 4. The determination of criminal offenses in the protection of religion and religion followers should take into account the factors such as the beliefs of followers in society, the principles of governance of the monarch, and the influence from foreign countries, because each factor cannot be determined to be an offence in the current criminal law or in any other laws alone. However, they were the factors having to be considered together because the protection of religious elements and religious followers was likely to have different levels.

Conclusion: The relationship between religion, the state, and law in foreign countries can be categorized into secular states, which aim to protect the rights and freedoms of citizens, and religious states, which emphasize the protection of religion and those in power. Thailand, however, exhibits a hybrid characteristic that leans toward a religious state. Therefore, the determination of criminal offenses to protect religion and religious adherents must take all three factors into consideration, as no single factor can be applied in isolation, and the level of protection may vary depending on the social context.