Legal Provision and Law Conducive to the Dhamma Vinaya Concerning Residential Arrangement for Monk Alleged of Criminal Offence
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Abstract
The research article consisted of the following objectives: 1) to examine problems and their consequences for monk which arise from the prosecution of monk alleged of criminal offence; 2) to explore the process of legal development concerning residential arrangement for monk alleged of criminal offence according to the criminal justice and Buddhist peaceful means; and 3) to present the legal provision and law conducive to the Dhamma Vinaya concerning residential arrangement for monk alleged of criminal offence. The study used a qualitative research approach, collecting data using a documentary method, in-depth interviews, and focus group discussions with specialists on Buddhism Buddhist peaceful means, laws, and judicial processes.
From the study, the following findings are found: 1) The prosecution of monk alleged of criminal offence raises the following problems and consequences: law enforcement in the criminal justice process must comply with Section 29 of the Sangha Act, B.E. 2505 (1962), and its amendments, as well as the code of criminal procedure, Section 89/1. However, the current procedure is as follows: though the monk is still only accused of committing criminal offence, he is not allowed to be released temporarily by inquiry officials or prosecutors and the abbot of the temple to which the monk belongs refuses to accept him into custody, or the inquiry officials do not believe it is appropriate for the abbot to take him into custody, or the monk does not belong to any temple; the inquiry officials exercise their authority to disrobe the monk. When, in reality, there is no final verdict on whether the monk is guilty until he is proven. This is in line with the presumption of innocence, as stated in Section 29 of the B.E. 2560 constitution, which states that the monk is innocent until proven guilty; and 2) After integrating the Buddhist peaceful means with the legal development concerning residential arrangement for monk alleged of criminal offence according to the criminal justice, the ‘MCU Model’ is gained with the following 3 components: (1) ‘M’ stands for morality or the Vinaya, which refers to 227 precepts of monks, Adhikaraṇasamatha (settlement of legal processes), and Niggahakamma (suppression); (2) ‘C’ stands for culture of lawfulness or social control, which refers to criminal justice, alternative dispute resolution or restorative justice, and principles of law including constitutional principles, criminal procedure code, the Sangha Act B.E. 2505 and its amendments; and (3)‘U’ stands for universal standard, which refers to human rights and sustainable development goals 16 (SDG16) comprising peace, justice, and strong institutions. These must be in line with environment, namely, social, economic, political, and cultural context. As a result, legal provision and law should be developed that provide monk a specific place of control that is in line with the Vinaya, which is a form of alternative dispute resolution or restorative justice for monks, as a way to protect and sustain Buddhism.
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