Mediation Process of Criminal Cases Involving Compoundable Offence by Buddhist Peaceful Means: A Case Study of the Phrakhanong Criminal Court

Abstract

The research article consisted of the following objectives: 1) to analyze problems with mediation process of criminal cases involving compoundable offence at Phrakhanong Criminal Court; 2) to integrate mediation process of criminal cases involving compoundable offence by Buddhist peaceful means; and 3) to present the mediation process of criminal cases involving compoundable offence by Buddhist peaceful means at Phrakhanong Criminal Court. The research employed action research method. The study was based on Ariyasacca (the Four Noble Truths) model in accordance with the action research method under the 9-step research framework. In-depth interviews were conducted with 10 key informants, including court and legal specialists, as well as experts on Buddhism and peaceful means. The collected qualitative data were examined in accordance with the research objectives.

From the study, the following results were found: 1) Problems with the mediation process for criminal cases at the court of appeals in region 6 include a lack of policy for the bringing of criminal cases into the mediation process prior to the first hearing. The working practices are likewise unclear. The mediators lack comprehension of the goals of mediating disputes in criminal cases, as well as legal knowledge pertinent to criminal cases, such as the criminal code sections 56, 35, and 39; 2) The Buddhist peaceful means contributing to the development of mediation process for criminal cases using Buddhist peaceful means refer to Ariyasacca (the Four Noble Truths), comprising dukkha (suffering), samudaya (the cause of suffering), nirodha (the cessation of suffering), and magga (the path leading to the cessation of suffering). When the other party to the conflict is in suffering, the mediator should identify that suffering, determine its causes, and guide the solution so that the person can find the path leading to the cessation of suffering and end it. The mediator should also adhere to Brahmavihāra (the Four Sublime States of Mind), comprising mettā (loving-kindness), karuṇā (compassion), muditā (sympathetic joy), and upekkhā (equanimity) and have mindfulness and tolerance in order to bring about both inner and outer peace, resulting in a peaceful society; and 3) The mediation process of criminal cases involving compoundable offence by Buddhist peaceful means at Phrakhanong Criminal Court refers to the mediation process for restorative justice for peace, which is divided into six parts: (1) giving the defendant and the victim the opportunity to tell the truth about what happened, (2) letting the defendant realize the consequences of his/her wrongdoings and feel remorsed, (3) allowing the defendant find measures to resolve, heal, and rehabilitate the victim, (4) giving the defendant a chance to take responsibility and change the way he or she behaves, (5) encouraging both sides to maintain their relationship and the defendant to refrain from committing any future offenses, and (6) encouraging the victim to forgive, withdraw the complaint, and dispose the case.