การเปรียบเทียบหลักเจตนาตามประมวลกฎหมายอาญากับ เจตนาในพระธรรมวินัย

               The research paper entitled “A Comparison of Intention According to the Criminal Procedure Code and Intention According to the Buddhist Principles” consisted of the following three objectives as follows: 1) to study intention according to the criminal procedure code; 2) to study intention according to the Buddhist principles; 3) to compare intention according to the criminal procedure code and intention according to the Buddhist principles. The study applied a documentary research method by studying both primary and secondary data such as Tipiṭaka, books, lectures, law, the judgments of the Supreme Court, etc. The obtained data were analyzed and synthesized on various issues e.g., the elements of intention, the criteria used for judging the intention of both parties to the conflict, including the similarities and differences. The researcher’s ideas were presented in order to respond to the research objectives and problems.

               From the study, it has been discovered that according to the criminal procedure code, intention is explicitly defined in Article 59, which the researcher found that the said article divides intention into two characteristics: (1) Direct intent which refers to an act that the agent does and desires or aims for a particular consequence; and (2) Oblique intent which refers to a natural consequence of a voluntary act and the agent foresees it as such. According to Buddhist principles, intention includes kamma or action, and will have consequences for the agent if he or she performs an action that has the following elements: (1) intention (wholesome or unwholesome) as an element; and (2) action can be expressed in three ways: physically, verbally, and mentally. The consequences of an action will be possible with these two elements, and they will affect both this life and the birth in the next life.

     Whether the intention is based on the criminal procedure code or Buddhist principles, it is significant because whatever action is taken, the intention will be the first thing to consider since it is the criterion for making and carrying out decisions. Therefore, for lawyers, educators, and religious experts, a comparative study of intention according to the criminal procedure code and intention according to Buddhist principles is useful because it will help them understand various principles on intention more clearly, especially for lawyers who can use it to revise laws concerning intention according to the criminal procedure code and intention according to Buddhist principles.