ปัญหาการกระทำผิดพระวินัยว่าด้วยกรณีเสพเมถุนของพระภิกษุ เปรียบเทียบกับ ความผิดทางอาญาเกี่ยวกับเพศ ตามประมวลกฎหมายอาญามาตรา 276

The study entitled “Problems of Monks' Violation of Monastic Disciplinary Rule on Sexual Misconduct Compared to Offences Relating to Sexuality according to the Criminal Code in Section 276” consisted of the following objectives: (1) to study the background and significance of problems regarding the problems of monks’ violation of monastic disciplinary rule on sexual misconduct compared to offences relating to sexuality according to the criminal code in Section 276; (2) to investigate concepts and theories of problems regarding the problems of monks’ violation of monastic disciplinary rule on sexual misconduct compared to offences relating to sexuality according to the criminal code in Section 276; (3) to analyze problems of monks’ violation of monastic disciplinary rule on sexual misconduct compared to offences relating to sexuality according to the criminal code in Section 276; and (4) to explore problems, obstacles, and suggestions about problems of monks’ violation of monastic disciplinary rule on sexual misconduct compared to offences relating to sexuality according to the criminal code in Section 276. The researcher determined the methods of conducting this research process as follows:

          Monks in Buddhism are disciples of the Buddha who have the obligation to pass down the religion; hence, they are in a higher position worthy of reverence and must behave themselves in accordance with the Dhamma-Vinaya in order to be exemplary for the people. When a monk commits Pārājika (major offence) on the first training rule or sexual misconduct, he must face punishment in both the monastic and secular worlds (criminal law) in order to defend Buddhism while also upholding the peace and morality of society. However, at present, the punishment of monks who commit Pārājika on sexual misconduct is still not accepted by society in terms of criminal law due to the Sangha Act B.E. 2505 in the section of the Sangha Supreme Council Rule no. 11 concerning Niggahakamma (punishment).

          From studying the statute, the offences relating to sexuality against children are found in the first paragraph of Section 277 as follows: the severity of the crime is greater than the sexual offences in Section 276; the legal measure or punishment should also be proportional to the severity of the crime, i.e. the punishment for the offences under Section 277; the punishment must be more severe than that imposed under Section 276. In the first paragraph of Section 276, it is stated that the legal interest aims at defending individual's liberty, which requires forced rape without consent. If the victim consents, it is a renunciation of legal interest as defined in this Section. The offender is no longer guilty of rape under Section 276 when the legal interest is renounced.