ABSTRACT

             This thematic paper had two objective as follows 1) to study the punishment of the offender Buddhism monk in Adhikarana (disciplinary case of dispute) the abatement of Adhikarana and the guilty person in accordance with the criminal law and the procedure of criminal law of Thailand 2) To study on a comparison between the punishment to a guilty person in Theravada Buddhism and the procedure of criminal law of Thailand. The research was qualitative research by documentary study and the descriptive analysis to be used.

             The results of study were found that the principle of punishment of Buddhism monk offenders in the early Buddhism and these laws were concerned. About the conflict of the Buddha doctrines and discipline that occurred in Sangha community. The laws suppression are divided into four categories, and there are seven of Solutions.

    In case of a comparative study on the infliction of punishment to the perverse monk in Buddhism and the criminal law together with the procedure of criminal law, the four major differences and similarities were found as follows: 1) the prosecution 2) trial procedure 3) render judgment and 4) a case dismiss. There were four differences and the similarities processes were found in the law of suppression as follows; 1) the prosecution, 2) trial 3) evidence and 4) legal execution.

    The proper punishment methods for the Sangha community and the Thai society were found that the Adhikarana or the laws of suppression were enacted for preventing, suppressing and repressing to perverse monks and also aimed to the harmony of Sangha community. This will lead to the unity of Sangha and focus on the transparency and justice. Therefore, principle of offenders punishment according to criminal laws procedure of criminal laws should be applied to the Adhikarana the laws of suppression in Buddhism law and the procedure of criminal law in order to provide justice and peace to the society permanently.

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