THE PROCESS OF RENUNCIATION COMPARED TO THE CRIMINAL PRODURE

Abstract

This research has the following objectives: 1) To determine the preliminary examination process according to the laws of suppression comparing with the preliminary examination process according to the Criminal Procedure Code. 2) To identify the status and the rights of monks accused of criminal offenses and forced to conduct their renunciation by documentary researching on books, textbooks, legal articles, electronic media and related research. The information obtained were analyzed based on the set objectives with a descriptive writing method.

The findings from this research indicated as follows: 1) The monkhood renunciation process is similar to the criminal proceedings, including prosecution elements, consideration process, evidence types, and execution methods according to judgments. 2) Concerning the status of monkhood, monks accused of criminal offenses and not temporarily released have to conduct their renunciation to terminate the status of monkhood. In the event that monks are accused of breaking disciplines, they must be put in the laws of suppression to leave the monkhood. Those monks must leave the monkhood within twenty four hours from the time that the verdict is acknowledged. 3) Monks have their rights to litigate in the event that they are forced to conduct renunciation and must leave the monkhood according to the laws of suppression. Their status of monkhood will be terminated. However, they have the right to ordain again. The researcher therefore suggestion that there should be an additional amendment for the Sangha Act, B.E. 2505, Section 30/1 with the following statement: “When the execution is complete and the monk is found not guilty or of an offense that does not require imprisonment, the monk's expected status and rights shall be restored prior to his forced renunciation of monkhood.”