METHODS OF DETAINING MONKS ACCUSED OF CRIMINAL OFFENSES WHICH MUST BE DETAINED UNDER THE CRIMINAL PROCEDURE CODE

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 Acts, 2. study legal measures relating to monkhood renunciation due to offense criminal law and the Sangha Act and 3. suggest suitable solutions.

          In case of Article 29 that allows full power to the inquiry officiers to use discretionary power. If the officers believe that any monks should be detained, they could enforce monk to leave monkhood immediately. In case of Article 30 enforcing monk to leave monkhood as the court issues detention order after inquiry officers or prosecutors submitted petition to court to issue the warrant of detention which is permitted by the court. The monk must leave monkhood before the detention according to the court order.

          The problem as it is, is considered that the monks did not receive the fairness as they should. The authors regard that Article 29 should be amended to prevent the unilateral discretionary power exercise of inquiry officers.  Also, Article 30 should be amended for the case of the detention order issued by the court should be permitted for monk conducting flagrant offence or conducted any offense or used to be convicted offenses before.  There should set up a specific layer at National Office of Buddhism to judge the monks’ offenses according to the Dhamma- Vinaya.