CRIMINAL LIABILITY AND DHAMMA VINAYA OF MONKS: A CASE STUDY OF MONKS COMMITED OFFENSES OF EMBEZZLEMENT

Abstract

This research article aimed to 1) study the concept and theory of legal morality of the offence of embezzlement under the Criminal Code of the Kingdom of Thailand and the Dhamma-Vinaya, 2) study the comparative structure and elements of the offence of embezzlement under foreign criminal codes, the Criminal Code of the Kingdom of Thailand and the Dhamma-Vinaya. 3) analyze the similarities and differences of the offence of embezzlement under foreign criminal codes, the Criminal Code of the Kingdom of Thailand and the Dhamma-Vinaya, and 4) draw conclusions and suggestions for revision and improvement of the Criminal Code and related laws concerning the offence of monks who commit the offence of embezzlement under the Criminal Code of the Kingdom of Thailand to be consistent with the Dhamma-Vinaya. This research was a qualitative research by studying documents, academic textbooks, international law, foreign law, Thai law, and various sutras in Theravada Buddhism. The data were analyzed using content analysis, interpretation, and synthesis techniques.

The research results found that 1) the legal morality of the offence of embezzlement under the Criminal Code of the Kingdom of Thailand and the Dhamma-Vinaya have similar characteristics, which are aimed at protecting the ownership of property. At the same time, in the Dhamma-Vinaya, it aimed to protect the celibacy of Buddhist monks to eliminate the defilement that may arise among the monks. However, in the criminal law, which is the Kingdom’s side, it aims to protect the property ownership of others and the peace and order of society. 2) The structure and elements of the offence of embezzlement according to foreign criminal codes, the Criminal Code of the Kingdom of Thailand and the Dhamma-Vinaya had the same criminal structure. The completeness of the elements prescribed by law for the structure of the elements of the offence was the external element and the internal element. 3) Similarities and differences between the offence of embezzlement according to foreign criminal codes, the Criminal Code of the Kingdom of Thailand and the Dhamma-Vinaya (1) Similarities of the offence of embezzlement according to the Criminal Code of the Federal Republic of Germany, the Criminal Law of the French Republic, the Criminal Law of the Kingdom of Thailand and the Dhamma-Vinaya, the second Parajika offense. (2) The differences were the offender, the value of the property, the penalty and the legal morality that needed to be protected. 4) Conclusions and suggestions for revisions to the Criminal Code and related laws regarding the offence of monks who commit the offence of embezzlement according to the Criminal Code of the Kingdom of Thailand in order to be consistent with the Dhamma-Vinaya (1) it was proposed to amend the Criminal Code of the Kingdom of Thailand to be Section 352/1, (2) it was proposed to amend the Criminal Code of the Kingdom of Thailand in Section 356, (3) it is proposed to amend the Sangha Act of 1962 (No. 2) of 1992 in Chapter 4 on the suppression (Niggahakamma) and renunciation of the monkhood to be Section 26, paragraph 2.