DETERMINATION OF CRIMINAL OFFENSES AGAINST MONKS UNDER THE PENAL CODE

Abstract

             Buddhism has been with Thai society for a long time, with monks propagating the teachings of the Buddha, who is the teacher of Buddhism. Monks are therefore like representatives of Buddhism. Buddhist monks must be good role models and dedicate themselves as propagators of Buddhism for Buddhists to follow. However, it appears that criminal offenses are now often committed by monks, as often seen in the news. Although the actions of these monks are considered violations of monastic discipline, the punishment is only disqualification from the priesthood and the same criminal penalties as ordinary people. There is no criminal law that directly applies to monks who commit criminal offenses. There are only criminal offenses that any person can commit. In the current Criminal Code, religious offenses are merely provisions intended to punish those who harm their religion. There is no punishment provision specifically for monks, even though a monk's offense is serious because the monk is considered a person of high status and trust in society. It may be compared to a specialized professional or an officer. Monks must be more careful with their behavior than the general public. When a monk becomes an offender, it causes problems for society. Dharmavinaya are only moral criteria without any compulsory conditions, unlike criminal enforcement under civil law that can control monks from committing crimes. Therefore, there should be a way to punish these monks more severely than ordinary people. In this research, the authors studied concurrent monastic and criminal measures. The results showed that it is necessary to impose additional penalties on monks who commit offenses under the Criminal Code, particularly property offenses and sexual offenses such as rape, which are now often committed by monks.