SOME CONSIDERATIONS REGARDING AN INTENTIONAL ACT THAT IS A CRIMINAL OFFENSE OF A PERSON UNDER CRIMINAL LAW AND DHAMMA VINAYA ACCORDING TO THE THERAVADA BUDDHISM

Abstract

This article aimed to conduct comparative study of the intentional action of a person who is a criminal under criminal law and intentional action of  monks  who had intention to violate of the Dhamma Vinaya according to Theravada Buddhism. The results were found that the fault of both external and internal elements of above two cases studies  are similar in many respects and with some minor differences. Some of them are: 1) Description of the meaning of intentional action in both criminal law and Dhamma Vinaya are described exactly the same thing as the doer must be involved in the knowledge of two things: (1) The conscious part of the action (2) In the poet of the demand in effect as an internal element criminal and Dhamma Vinaya. In criminal law, the perpetrator will be liable in case of intention to offend and in case of intention is foreseeable. In the Dhamma Vinaya, the perpetrator will be liable specifically in case of intention is foreseeable.