Legal Issues Concerning the Administration of Justice for Monks Accused of Violating the Vinaya Discipline

Abstract

This research article aims to examine the concepts, evolution, and fundamental principles of the justice process applicable to Buddhist monks accused of violating the Buddhist monastic code (Vinaya). The study further investigates the justice system of the Thai Sangha and religious organizations in foreign jurisdictions, analyzes relevant legal issues, and proposes legal reforms appropriate to the Thai social context. The research employs a documentary research methodology.

                 The findings indicate that the justice process for Buddhist monks accused of violating the Vinaya continues to face several significant challenges. These include issues relating to the composition of adjudicative bodies, particularly the absence of merit-based selection criteria and the repeated appointment of the same panel members in multiple cases. Procedural shortcomings are also evident, including the lack of mechanisms for challenging adjudicators or preventing bias. Regarding oversight and accountability, there is no formal channel for requesting authoritative interpretations of significant Vinaya-related issues, no systematic publication of decisions, and no legal provisions recognizing the right to petition for a retrial, even in cases involving serious procedural errors. Furthermore, enforcement measures remain unclear with respect to ecclesiastical disciplinary sanctions (Niggaha-kamma), while criminal sanctions do not adequately cover cases involving sexual intercourse by monks.

The study recommends amendments to the Sangha Act B.E. 2505 (1962) and its subordinate legislation. Such reforms should establish appropriate criteria for the selection of adjudicative bodies, strengthen the procedural rights of accused monks, and enhance the effectiveness of supervision, protection, promotion, accountability, and enforcement mechanisms within the ecclesiastical justice system.