THE PRESUMPTION OF INNOCENCE OF THE ACCUSED MONK IN A CRIMINAL CASE

Abstract

          This article was presentation about history of the presumption of innocence of the accused monk in a criminal case. In Thai society, monks act as missionaries and guide the Buddhists to live their lives in peace and harmony. which the monks will have discipline as a framework to control their behavior. When committing a criminal offense, they will also be prosecuted according to the law. When it comes to the Constitution of the Kingdom of Thailand, 2017, Section 27 states that “Persons are equal in the law. have rights and liberties and are equally protected by law Men and women have equal rights.” This also contradicts the Sangha Act of 1962, section 29 and section 30, which mention that any monk who is accused of committing a crime must renounce his monkhood. However, in prosecuting monks at present, there is still a legal problem, namely: There is no specific practice to detain or prosecute monks. which, if prosecuting or detaining monks, must be felt which, if the outcome of the case is final, it can be proved that the monk is innocent will be a problem. and causing great damage. Including not getting the right to bail the criminal justice system in Thailand currently uses an allegation system. The Constitution of the Kingdom of Thailand protects the rights of the accused in criminal cases on the presumed innocence of the accused or defendant until the final judgment that such person has committed an offence. However, as a result of the criminal justice process, the accused may seriously affect the rights and liberties of the accused.