The Consistency between Criminal Law and Buddhist Monastic Discipline in the Context of Thai Society

Abstract

This review article aims to analyze the structural problems in the enforcement of criminal law against Buddhist monks in Thailand by examining the relationship between state criminal law and the Buddhist Vinaya, which serves as the internal legal system of the monastic order. Based on a review of academic literature, relevant legislation, and monastic disciplinary principles, the study finds that criminal law and the Buddhist Vinaya exhibit both areas of consistency and areas of conflict. With regard to consistency, both legal systems share the objective of protecting the public interest and maintaining social order, particularly in cases involving serious offenses corresponding to pārājika rules, which result in the termination of monastic status and thereby facilitate the application of state criminal law without contravening religious principles. Conversely, areas of conflict arise from the lack of procedural clarity and interpretative consistency in the enforcement of criminal law against monks, stemming from their distinctive social status and religious roles. These issues include ordination disrobement prior to prosecution, the absence of unified enforcement guidelines, and insufficient understanding of monastic disciplinary principles among state officials. Such challenges undermine the rule of law, procedural justice, and public confidence in the legal system.

This article proposes a framework for achieving a balance between criminal law and the Buddhist Vinaya by emphasizing policy integration, the development of clear procedural guidelines for prosecuting monks, and the promotion of mutual understanding between the state legal system and the monastic order. These measures aim to ensure that legal enforcement is consistent with constitutional principles, respects religious dignity, and does not erode public trust in society.