LAW PROBLEMS RELATED TO MONKHOOD RENUNCIATION DUE TO OFFENSECRIMINAL LAW

Abstract

           The objectives of this article were to: 1) study the principles concepts and law theories about monkhood renunciation due to offense criminal law and the Sangha Act of foreign countries, 2) study legal measures relating to monkhood renunciation due to offense criminal law and the Sangha Act of foreign countries and Thailand, and 3) suggest suitable solutions of Thailand, legislation to protect Buddhism in order to be able to solve the problem sustainably. This research was a qualitative research use interviews and group discussions by choose specific examples that divided into 5 groups such as 1) the judge 2) attorney 3) police 4) lawyer and 5) monk from all 10 persons by using content analysis and summarizing as an overview. The research found that: 1) concept and theory about the related on the monkhood renunciation such as: 1.1) discipline used to control the behavior of the Buddhist Monk’s, 1.2) criminal allegations and disciplinary violations of the law of discipline and acts of criminal legal, 1.3) consequences of the Buddhist Monk’s and secularism in the law, and 1.4) legal criminal rules for determining offenses and imposing penalties. 2) legal related on the monkhood renunciation such as the Sangha Act, Criminal code and Constitution of the kingdom of Thailand. And 3) the solution is section 29 to prevent the investigative staff from exercising its sole discretion. But should require that the Buddhajaks have to come to take over and take over and investigate to be evident in order to judge the punishment according to the dharma. And section 30 in the event of a court order of imprisonment, only the offending Buddhist Monk’s. or a criminal conviction. And set up a discipline court.