THE USE OF STATE POWER AND THE RENUNCIATION OF SEX CRIMINAL CASES STUDY THE HISTORY AND DEVELOPMENT OF LAW

Abstract

Abstract

This research article have a purpose 1. To study the problem of the use of state power and the renunciation of monasticism in case of monks convicted of criminal cases in the past 2. To study the development of the law that allows the state to use its power to cause monks to renounce sex in case of criminal charges and 3. To suggest ways to correct and improve errors related to the use of state power in requiring monks to renounce their monastic sex. In the case of a criminal case to suit the current situation

This research was a qualitative research. by studying and analyzing information from laws, textbooks, judgments of the Supreme Court and related research reports     

The research result found the problem relating to the exercise of state powers in the past derived from monkhood renunciation by monks who were accused of a criminal offense and committed wrongdoings against the Vinaya rules. The exercise of state power on monkhood renunciation has legal development since Ayudhaya period untill the present period which has changed in accordance with the development of laws in each period. However, there is a certain issue which needs to be rectified is the case that the accused monk did not want to renounce his monkhood and the state exercise its power to disrobe the monk. In this regard the accused monk is still regarded innocent as long as there is not yet a final verdict that he has committed an offense and the monk is still protected by the constitution. Hence, the  detention or imprisonment of the monk who refuses to renounce his monkhood and the investigation officer and the attorney are of the opinion against the temporay release, the investigation officer may detain the monk in the designated place in accordance with the rules and detention methods as specified by the Ministry. It is therefore advisable to find appropriate regulations, method and dtention place accordingly.