A Conciliator Development Model in Model Criminal Cases by Buddhist Peaceful Means

Main Article Content

Apinada Siamai
Phra Pramote Vadakovido
Adul Khunthong

Abstract

This research aimed to study 1) to analyze conciliator development problems in criminal cases and concepts of conciliator development in model criminal cases using modern science; 2) to investigate Buddhist peaceful means conducive to the development of a conciliator in model criminal cases through Buddhist peaceful means; and 3) to propose a conciliator development model in model criminal cases by Buddhist peaceful means. the sample was research and development. The research tools were data collection from discussions with mediator groups who had been working for 10 days or more and focus group discussions. Creative Participatory Meetings observation including interviews with experts in various fields the data were analyzed by analyzing the contents of the papers.


From the study, the following results are found: 1) The majority of conciliators are self-employed or retired civil servants who volunteer to work at the court of justice with no salary. Some of them have no experience or knowledge of the mediation process, the bringing of criminal cases into the mediation process, and the criminal processes and procedures. 2) The Buddhist peaceful means conducive to the development of a conciliator in model criminal cases through Buddhist peaceful means are based on Tisikkhā (the Threefold Learning) comprising Adhisīla-sikkhā (training in higher morality), Adhicitta-sikkhā (training in higher mentality), and Adhipaññā-sikkhā (training in higher wisdom), or in other words, Sīla (precepts), Smādhi (concentration), and Paññā (wisdom). These Buddhist peaceful means will result in the development of a conciliator with internal and external characteristics. 3) A conciliator development model in model criminal cases by Buddhist peaceful means consists of 5 aspects which are: (1) Legal processes and criminal procedures; (2) Mediation processes in criminal cases; (3) Skills in both psychology and communication; (4) Buddhist peaceful tools; (5) The development of mindfulness and inner peace through Tisikkhā-based activities, which will result in the characteristics of a conciliator in model criminal cases with a positive attitude, astuteness, knowledge, mindfulness, and tolerance from within to without. This is regarded as intellectual, mental, behavioral, and physical development.

Article Details

How to Cite
Siamai, A., Vadakovido, P. P. . ., & Khunthong, A. . (2023). A Conciliator Development Model in Model Criminal Cases by Buddhist Peaceful Means. Journal of MCU Peace Studies, 11(3), 1160–1171. retrieved from https://so03.tci-thaijo.org/index.php/journal-peace/article/view/265732
Section
Research Articles

References

Boonperm, P. (2021). Policy for President of the Supreme Court President of the Supreme Court the 47th Person. Retrieved October 1, 2021, from https://jor1.coj.go.th/th/content/category/detail/id/21/iid/273564

Duangtawong, P. (2010). The Effectiveness of a Creation and Development Process of Mediators and Operation of the Thai Court of Justice. (Doctoral Dissertation). Graduate School: Ubon Ratchathani University. Ubon Ratchathani.

National Strategy (2018-2037). (2018, 13 October). Government Gazette. Volume 135. Part 82 a. Page 1.

Khun-ngoen, N. (2020). “Rules of the President of the Supreme Court on Mediation (No. 2), B.E. 2560, Volume 134, Part 68 a, 30 June 2017”. in Law and Mediation. (2nd ed.). Bangkok: Office of Judicial Promotion, Office of the Court of Justice.

Limprangsi, S. (2007). “Restorative Mediation: Experience of New Zealand Court”. In Restorative Mediation. (2nd ed.). Bangkok: Thana Press Co., Ltd.

Mahachulalongkornrajavidyalaya University. (1996). Thai Tripitakas. Bangkok: MCU Press.