Rights and Liberties Protection of Accused and Defendant Buddhist Monk in Criminal Case

Abstract

This research aims were; 1) to study the problem state and the impact of right and freedom of the Buddhist monks who are an accused or defendant in a criminal case, 2) to study the opinions of protecting the right and liberties of Buddhist monks who are accused or defendant in a criminal case, and 3) to determine guidelines for amending the laws on the protection of rights and liberties of Buddhist monks who are accused or defendant in a criminal case. It is qualitative research. The tool for this research was the In-Depth Interview form. The researcher interviewed the key informants i.e. academic Buddhist monks, monks who were accused or defendants in criminal cases, lawyers, criminologists and penologists, judge, prosecutor, policeman, human right activist and Buddhist people total 31 persons. The key informants were obtained by purposive selection. Data analysis by descriptive method.
The results of study showed that:
1. Problem’s state and the impact on the protection of the rights and liberties of monks who were forced to leave the monkhood before the court’s judgement. It was a deprivation of rights and liberties of monks. Arrest, search, detention, investigation, temporary release and the trial must be conducted properly because it effects the reputation and faith of the people.
2. The views on the protection of rights and liberties of monks who were accused or defendants in criminal cases. There were two statuses of monks: 1) Being citizen of a state subject to the law 2) Position of a monk in Buddhism must follow the discipline and rules of the Sangha. Therefore, they are presumed to be innocent until the final judgment of the offender is obtained, to respect human dignity.
3. Guidelines for amending the law on the protection of rights and liberties of monks resulting from the enforcement the Sangha Act 1962, section 29, 30, repealing or amending unfair laws, enacting a new law on criminal procedure for monks. There should be associate judges from the Sangha to participate in deciding cases in order to truly protect the rights and liberties.