BUDDHIST MONASTIC CODE I

Adhikaraṇa-samatha Chapter 11 1) If he is innocent of the offense and can convince the group of hisinnocence, he is to request a verdict of mindfulness — expressing the requestthree times — and the Community is to give it to him by means of a formalmotion with three announcements. (See Appendix IX.) 2) If he committed the offense while insane or possessed, he should request averdict of past insanity — again, expressing the request three times — and theCommunity is to give it to him by means of a formal motion with threeannouncements. (See Appendix IX.) 3) If he committed the offense while in his right mind but admits to it onlyafter the interrogation has begun, the other bhikkhus — after convicting himof the offense — are to impose on him a further-punishment transaction bymeans of a formal motion with three announcements. (See BMC2, AppendixIV.)As we noted above, each of these three verdicts is valid only if in line with the truth.If it so happens that a guilty bhikkhu is given a verdict of mindfulness, a bhikkhuwho committed the offense in question while he was in his right mind is given averdict of past insanity, or an innocent bhikkhu receives a further-punishmenttransaction, the verdict is invalid. When new evidence surfaces, the case may bereopened and a new verdict arrived at.There are, however, two situations in which none of these three verdicts applies,and the accusation-issue — at least for the time being — remains unsettled:1) If a bhikkhu, in the course of an interrogation, admits to an action that isan offense but either refuses to see it as an offense or refuses to makeamends for it, he is subject to an act of suspension. Although this too maylater be rescinded on the basis of good behavior — when he admits that hisaction was an offense and makes amends for it — it is a much strongerpenalty than a further-punishment transaction.2) If a bhikkhu denies having committed the act in question, and the bhikkhusare not convinced of his innocence, there are various ways of pressuring himto tell the truth: As noted above, the Cullavagga suggests intensiveinterrogation; the Commentary, long bouts of group chanting. If neither works,and the Community still has doubts about his innocence, the issue is to beabandoned for the time being as unsettled. The accused is neither to bepunished nor declared innocent. As long as the issue remains unsettled,though, there will be no peace of mind either for the accused or for theCommunity as a whole.469