DETERMINING THE CRIMINAL LIABILITY AGAINST BUDDHIST MONKS IN THE CASE OF THE SENATOR FROM THE PRETENDING POWER OVER NATURAL PERSONS

Abstract

This study aims to 1) investigate the history of the alleged offenses committed by Dhamma Vijaya; 2) study the law and regulations concerning the offense of monks under the Buddhist Sangha Act, B.E.2505; and 3) impose criminal liability on monks who misbehave. Thailand has not yet imposed criminal penalties on monks Pāràjika and Buddhist monks deliberately violate the Vinaya.  Thus, some monks deliberately violated the discipline and were fearless of the laws of the city. Such behavior causes people to lose faith in Buddhism. Therefore, it is necessary to study the principles of criminal liability of the monks who violate the rule to guide the imposition of penalties appropriately and in accordance with the current social situation. The results indicated that the monk's boasting of the Dharma utrimnus is punishable. As a result, the monks were absent from monasticism and could not return to ordination.  In the past, this offense was defined in the civil law. Such provision was later repealed. When a monk commits an offense, he is only punished according to the discipline. In order to protect Buddhism, the law should be amended to include criminal offences and penalties, thus causing fear of abusive acts, and being able to keep Buddhism within the Buddhist faith.