Analyze of the Law on the Procedure for Considering Corruption and Misconduct Cases: Case study of the Abbot who Performing or Neglect to Performing his duties Improperly or Corruption According to the Criminal Code Section 157 and the Sangha Act B.E.2505, amend (No 2) B.E. 2535

Abstract

This research aims to: (1) examine the conceptual framework, theoretical foundations, and historical development of criminal proceedings; (2) analyze acts or omissions of misconduct and corruption committed by state officials and abbots; (3) critically study and compare the inquisitorial system with principles of justice in corruption and misconduct criminal cases; and (4) propose recommendations for the protection of abbots’ legal rights during investigation, inquiry, and trial stages. This study adopts a qualitative research methodology based on documentary research. The population and sources of data include primary sources, namely the Tipiṭaka (Buddhist Canon), relevant laws, and secondary sources such as legal commentaries, Supreme Court decisions, textbooks, academic articles, and research studies related to corruption cases and inquisitorial criminal procedures. The research instrument used was a document analysis form. Data were collected through systematic review, categorized, analyzed through content analysis, and synthesized using descriptive interpretation.

The findings reveal that the inquisitorial system in corruption and misconduct criminal cases is fundamentally different from the adversarial system in general criminal proceedings, as it emphasizes an active judicial role in fact-finding to ensure substantive justice. However, such procedures are complex and require a deep understanding among practitioners involved in the justice process. Corruption and misconduct by state officials and abbots remain significant issues affecting governance quality and national development. Although specialized courts and specific legislation, such as the Criminal Court for Corruption and Misconduct Cases, have been established, gaps remain in safeguarding the rights of accused persons. In particular, legal protection for abbots during investigation and trial stages is still insufficient and not fully aligned with the constitutional principle of presumption of innocence under Section 29 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017). This study concludes that while anti-corruption mechanisms are legally and institutionally strengthened, a more balanced legal framework is required to ensure both effective prosecution and adequate protection of individual rights. The research recommends legal reform to enhance procedural safeguards for abbots and similarly situated accused persons, thereby improving fairness in judicial proceedings and contributing to the stability of both the justice system and Buddhism.