Process of Striking Balance between Offenders' Interests and Injured Persons' Interests in Juvenile Delinquency by Buddhist Peaceful Means
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Abstract
This research article has the objective of 1) To study the problems and the affect of the injured victim which arises through the special measures rather than the criminal procedural methods of the juveniles in a criminal case. 2) To study the methods in balancing between the offender and the injured victim in a juvenile case through the criminal justice principle and the Buddhism doctrine. 3) To present procedures in balancing between the offender and the injured victim in a criminal case which juveniles committed the criminal offenses through Buddhism. This Study is based on the qualitative and documentary research as well as in-depth interview from scholars and experts in juvenile laws.
The study indicates that
- The unbalance and unfairness between the offender and the injured victim in the juvenile criminal case. 1) pre-litigation dispute stage, the injured victim must lodge a civil case to the court. 2) post-litigation dispute stage, the injured victim must lodge a civil case to the court. This causes damages to the injured persons in terms of property and mental damages. The juvenile will also be exempt from litigation or the case dismissal without judgement of the court
- The Buddhist methods for healing the mental of the injured person are “consciousness, mercy and forgiveness” which apply with the special measure instead of the criminal proceedings. The injured person must develop the state of mind to contain the consciousness as a beginning. Then to apply the methods to gain the sensation of good feeling in the victim and the injured party which is a juvenile. Once the actions are taken into action, the result would lead to mercy, which will be followed by forgiveness as the final result.
- The author proposes to establish the Center for Rights Protection and Legal Aid for the injured party to follow up the damages and mental remedies of such person through Buddhist methods.
Article Details
Views and opinions expressed in the articles published by The Journal of MCU Peace Studies, are of responsibility by such authors but not the editors and do not necessarily reflect those of the editors.
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