The Current Situation, Problems and of Prosecution of the Monks According to the Process of Judicial Process in Thai Society

Main Article Content

Surapong Sitthigorn

Abstract

The academic research aimed at investigating the current situation, problems, and prosecution of monks in Thai society according to the judicial process. From the study, it is found that monks must be prosecuted according to the Vinaya; however, if they commit major offences (Pārājika), they must be disrobed; and once disrobed, they can be prosecuted like other people. At the present time, the Sangha Act B.E. 2561 employs Chapters 3–4 on Sangha


Administration with the interpretation that monks are administrative officials according to the structure, and that when they commit major offences, they must be brought before the Criminal Court for Corruption and disrobed immediately. There is a systematic prosecution method under Sections 29 and 30 that aims to prosecute the defendant and gives the defendant less opportunity to fight the cases because the court will pay more attention to government documents than to people or defendants, the accused monks have a lower chance of winning the case. As a result, the law should be amended to allow monks to demonstrate their innocence based on the Vinaya of the Buddha.




Article Details

How to Cite
Sitthigorn, S. (2022). The Current Situation, Problems and of Prosecution of the Monks According to the Process of Judicial Process in Thai Society. Journal of MCU Peace Studies, 10(3), 1390–1401. retrieved from https://so03.tci-thaijo.org/index.php/journal-peace/article/view/260606
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Articles

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