This thesis aims to study an intention in Buddhism, to study an intention in the criminal law of Thailand and to compare an intention in Buddhism and in criminal law of Thailand. In this thesis the researcher will use information gathered from relevant documents such as the Tripitaka, Law Textbooks, Rulings of the Supreme Court, etc., and then use these sources to analyze the elements that complete synthesis of the offense intended as the criteria used in judging the similarities and differences for both parties. The researcher will focus on answering the objectives and issues needed to be addressed. The results were as follows : The main thought of Buddhism is karma and the effect it has on peoples actions.The following sections include : 1.They were considered by the kusalakarma and akusalakarma; roots of the wholesome and the unwholesome. 2.The actual act was committed. This act appears to have there channels: physical, verbal, and mental characteristics of the elements, when expressed, are karma that can be unjust or complete. The effects of karma will not only affect this life but will also continue to affect the next life as well.
The intent of the Penal code are clearly expressed in the guidelines of Section 59. The researcher found that the section divides the thought into two characteristics, namely, 1. Expectation of results means to realize the goal and the effects that happen. 2.The purpose is not expecting some results that happen but saw that section 60 assigned the kind of intent of another kind that will surely happen. That means, a person who doesn’t intend to do something with another person but the results of that person’s actions affects another person without meaning to.This means that the person whose action was intended for one person will also affect another person who will receive the bad effects from that action as well. Besides, the researcher found that the diagnosis of the wrong action from the Penal Code divides the wrong action into two characteristics. 1. The element of emotions and the intent. 2.The element of the outside influences of the person, the intended action, and the material items that were damaged.This appears to be the results of the action. Also it could be considered for the wrong action and the fact that there are no rules, as mentioned earlier. Therefore, we must truly consider the punishment of the person who committed the offense.
The researcher found that the thought of Buddhism, when compared with the thought of the Penal Code had both similarities and differences. It was clearly seen that there were many similarities in the actions and offense of person each time. However, the most important element and first to consider are the differences found in the thought of Buddhism.It is found that the offense and action must be completed the intent. This appears in three ways: Physical, verbal, and mental. Even thought the person has the intent and has karma that is mental or called: Manokarma.This happens with results of karma that the person must receive. But in the Penal code even though persons have the intent but must prove that they have the complete element of the wrong action or not. Persons must consider by physical and verbal only, but not mental. Even thought the persons have the intent, they can not consider punishing that person because of the Penal Code. This is called intent without doing the offense which is the complete element of offense. So they can not assign verdict and sentence that person for punishment.
The study concluded that the intentions both in Buddhism or in criminal law are the most important things . Therefore, the comparative study of intention in Buddhism and in criminal law of Thailand is not only benefit to the lawyers, educators and the religious academic leaders but also to clarify the understanding of the principles of intentions and especially to the lawyers in order to judge fairly. |
