THE RELATIONS BETWEEN THE PATTERN’S PUNISHMENT AND JUSTICE PROCESS OF THAI SAṄGHA

Abstract

The objective of this study is to investigate the characteristic of the laws including the punishment for both monastic and secular laws in the view of relationship which exists in the laws of the Saṅgha Supreme Council of Thailand article 11 which is about Niggahakamma penalty. This article mentions the law enforcement, appropriate law enforcement and the practical connection of law enforcement including to the penalty when an offence violates many laws in both Dhammavinaya, criminal code, The Saṅgha act and the Saṅgha Supreme Council’s law article 23. This leads to the problem if the saṅgha who have power to adjudicate have enough knowledge and ability about monastic laws and secular laws to consider offences. The existing rules are enough to be considered helping monks. Therefore, the gaps of laws can be occurred, especially the article 29 and 30 of The Saṅgha Act of B.E.2535 and cause monks who are being punished cannot perform their duties of the monks as usual. Thus, the approach is comparing fine or filing collateral according to the Criminal Code, Article 25 without leaving Buddhist monkhood to allow those monks perform their usual duties.