FROM PRECEPTS TO PUNISHMENT: A COMPARATIVE ANALYSIS OF FIVE PRECEPTS AND CRIMINAL OFFENSES, AND GUIDELINES FOR CRIME PREVENTION THROUGH BUDDHIST PRINCIPLES

Abstract

          This philosophical comparative analysis focuses on the Five Precepts (Pañca-sīla), as fundamental preventive ethics in Buddhism and criminal offenses in comparison with the philosophy of punishment under Thailand Penal Code aiming to propose an integrative framework for criminal justice reform. The analysis reveals that Five Precepts regulate intent and negligence (Pāmāda), which constitute the foundational causes of criminal conduct, whereas criminal law, focusing on the regulation of external behavior, does not fully address these internal dimensions. The comparative analysis shows a direct correlation between all Five Precepts and major criminal offenses. The article suggests that the criminal justice system should integrate Buddhist ethics, particularly the concepts of Kamma and Sati (Mindfulness), to strengthen the restorative justice framework, emphasizing the cultivation of remorse and offenders’ psychological rehabilitation, thereby ensuring that punishment is not merely retributive but serves as a sustainable form of crime prevention rooted in psychological transformation.