ความเหมาะสมของมาตรการทางกฎหมายตามพระราชบัญญัติคณะสงฆ์ พ.ศ. 2505 ในกรณีพระภิกษุถูกจับ โดยต้องหาว่ากระทำผิดอาญา

           The objectives of this research were 1) to study the concept about guilty deed and criminal deed of the monks, 2) to analyze the suitable legal measurements under the Sangha Act. B.E.2505 in case of the arrested Buddhist monks by criminal deed, 3) to find out the suggestions about. suitable legal measurement under the Sangha Act B.E. 2505 In case of the arrested Buddhist monks by accusing of criminal deed.

           The findings of the research which found that the criminal legal process of the Sangha Act. B.E. 2505 and amendment in B.E. 2535. When there are the monks who do the illegal deed according to criminal legal, it should follow the process of law and the rights of monks in the law has the problem in the practice of the law processes due to  the rights protection of the monks in the beginning only that not protect the rights of monks in the law process by having the clearly Act. It depends on the state authority’s scrutiny to let the illegal accused monks free temporary that the investigators should use the scrutiny that the illegal deed of arrested monks has the different level of illegal deed’s fault which has slightly punishment or medium punishment and death penalty which the law would punish differently. When the monks are accused of criminal deed case but not to be proved in the process of law. The monks are still innocent according to the constitution of Thailand in B.E. 2560 , Article 29, Paragraph 2. Before the end of process of law, therefore, the officers must treat the monk as the innocent one and to treat the monks as the innocent including the the authority must realize to use the scrutiny to release the monks temporarily and should set up in the law to have consult for having the mutual decision among investigators , attorneys and abbots for releasing the monks temporarily. It would be proper measurement and having the justice to the accused monks. if it is the criminal case and having the punishment not more than three years, the abbots must accept the accused monks to be under control.

        A case of the guilty doers are like abbots in the Sangha Act. B.E.2505 , Article 29 does not mention the cap problem for law interpretation that many abbots were caught in the criminal case and did not have the officers to control for law process to fight the criminal case, so the abbots disrobed atomically. Therefore, they should change the Article 29 of the Sangha Act. B.E. 2505 , if the abbots do the criminal case and the punishment not more than three years, they should allow the higher Sangha administrators  to consult with the officers. When the accused abbot are not leaving from the case and not to interfere with the witness, the investigators let them free temporarily and then allow the higher Sangha administrators control  the accused monks to reside at the proper place.