LEGAL PROBLEMS OF COMPOUNDABLE OFFENSE RELATING TO SEXUALITY OFFENSE ACCORDING TO THE CRIMINAL CODE SECTION 281 (2) AND THE MAHATHIR SUPREME COUNCIL RULES NO. 11 (B.E. 2521) IN THE CASE OF NIGGAHAKAMMA SUPPRESSION

Abstract

The research study on "Legal Problems of Compoundable Offense Relating to sexuality Offenses under Section 281 (2) of the Criminal Code and the Mahathera Supreme Council Rules No. 11 (B.E. 2521) in the case of Niggahakamma. suppression of the perverse monk was conducted with the objectives of 1. To study the legal problems of compoundable offense relating to the sexuality offenses under Section 281 (2) of the Criminal Code and the Mahathera Supreme Council rule. No. 11 (B.E. 2521) in the case of Niggahakamma. suppression of a perverse monk. 2. To study. analyze and compare legal problems relating to compoundable offense relating to sex offenses under Section 281 (2) of the Criminal Code and the Mahathera Supreme Council Rules. No. 11 (B.E. 2521) in the case of Niggahakamma. and 3. To recommend solutions to legal problems regarding to compoundable offense relating to sexuality offenses under Section 281 (2) of the Criminal Code and the Mahathera Supreme Council Rules. No. 11 (B.E. 2521) in the case of Niggahakamma.From the study of relevant laws. Legal virtues aimed at protecting. The researcher found that : The legal issue regarding committing sexual offenses which is compoundable offense under Section 281 (2) of the Criminal Code by creating criteria on the ability of consenters to protect certain categories of persons who may have impairments. such as those who are unable to know their conscience due to mental impairment. psychosis. mental disorder. physical disability. etc.. and add legal measures or penalties. In the case of an offender who is in the monkhood it is appropriate to establish appropriate liability measures for the offense after consent. That is to add to the penalty for the offence under Section 281 (2). paragraph two. "In the case of an offender under (2). if the offender is in the monkhood. it shall not be an compoundable offense". Legal morality is aimed at protecting the liberty of the individual. Even if it is not committed in front of the public. which requires force action to rape without consent. If the victim consents. it is a waiver of legal virtue. which according to the said section the victim can renounce legal virtue. When renounce legal virtue. The perpetrator is not guilty of indecent acts. According to Section 281 (2) (consent of the victim). which resulted in the deterioration of Buddhists' faith in Buddhism. It is the same as the backwardness in the judicial system of the Kingdom of Thailand. It does not keep up with the current global society and technology era as well.