A COMPARATIVE ANALYSIS OF THE THIRD PÃRÃJIKA IN THE VINAYAPITAKA AND THE OFFENSE CAUSING DEATHUNDER THE CRIMINAL CODE

Abstract

The results revealed that the additional rule on depriving a human being of life can be compared to intentionally murdering another person. By comparison of the five elements of a criminal offense, it was found to have the same in four aspects: 1) the content of the rule of training, 2) external elements, 3) internal elements, and 4) result of action. However, the punishment is different in the fifth component. Regarding the second part of an additional rule, searching for an assassin for him, it can be compared with the five elements of a criminal offense and found that only one element is the internal element. The other four elements are different, and the additional rule on praising the advantages of death or inciting him to die can be compared to supporting or instigating a child to commit suicide.

Therefore, the third Pàràjika, both the root regulation and the additional rule, can be compared to the offense causing death in the criminal law in only two bases of offenses – intentionally murdering another person and aiding or instigating a child to commit suicide. However, there are 103 cases that have been adjudicated by the Buddha and found in Vinita Vatthu. Those cases were compared to the criminal law, and it was found as follows: 1) fifty-five cases were on intentionally murdering another person, 2) there was one case on killing another person unintentionally, 3) twenty cases were on negligence causing death, 4) no case of practicing cruelty or employing similar factors on a person to commit suicide, 5) two cases were on aiding or instigating a child to commit suicide, 6) no case of participating in such an affray and causing death, 7) seven cases were on abortion, and 8) eighteen cases were without any guilt under criminal law. There were 103 cases in total, and the comparative analysis found that 1) there were 85 cases that were considered offenses against life and body (including other criminal offenses), and 2) there were 18 cases that were considered not to constitute any criminal offense.

The analysis concluded that the third Pàràjika in the Vinaya is also effectively applicable in the present Thai monastic society, even though 2,600 years have passed.