THE PRINCIPLE OF YONISOMANASIKÀRA APPLY TO WEIGHING OF EVIDENCE IN CRIMINAL CASE

Abstract

The Objectives of this research article were to 1) study in Buddhist Scriptures, analyze the main concepts of Yonisomanasikarn on weighing evidence, 2) study and research problem concepts and legal principles concerning weighing evidence in criminal cases under current Thai law, and 3) the main idea of Yonisomanasikarn is proposed to be apply to improve and amend laws, regulations, requirements or recommendations for the weighing of evidence in criminal cases more clearly. This research was a qualitative research use study of documents and legal texts. The research results found that: 1) Yonisomanasikarn principles is a cognitive process, knowing the idea or the method of wisdom include: 1.1) investigation method factor, 1.2) methods to distinguish components, 1.3) ordinary methods, 1.4) noble Truths or problem solving methods, 1.5) attitudes, 1.6) ways to see you Penalty and exit, 1.7) how to know the real value, 1.8) moral stimulation, 1.9) living in the present and 1.10) the method. 2) The relevant laws are: the principle of weighing evidence in criminal cases is the judgment of weighing evidence to assess the reliability of evidence. According to Section 227 of the Criminal Procedure Code, it is a law issue that has a wide range of discretion without boundaries. The court will exercise its independent discretion. Or the law provided to entrust more people than the law. And 3) apply the principles of Yonisomanasikarn by adding the Criminal Procedure Code Act 1934, Section 227 should clearly define the rules for weighing procedures. With the separation of evidence determine the type of weight, evidence that is reliable and evidence that is unreliable, or evidence that is of low credibility. Solid evidence versus unstable evidence And evidence of proven value versus evidence of no proven value.