ปัญหาทางกฎหมายที่เกี่ยวกับวิธีดำเนินคดีวินัยสงฆ์ตามกฎมหาเถรสมาคม ฉบับที่ 11 (พ.ศ. 2521) ว่าด้วยการลงนิคหกรรมกับการดำเนินกระบวน พิจารณาคดีอาญาตามประมวลกฎหมายวิธีพิจารณาความอาญา

          This Research studies on Legal Problems on the Prosecuting of the Monastic Discipline Under the Rules No. 11 (B.E. 2521) of Saṅgha Supreme council of Thailand on the Suppression (Niggahakamma) and the Process of Judicial Criminal Proceedings on the Criminal Procedure Code. It has 4 objectives: 1) To study the method of Prosecuting of the Monastic Discipline Under the Rules No. 11 (B.E. 2521) of Saṅgha Supreme Council of Thailand on the Suppression (Niggahakamma). 2) To study the Process of Judicial Criminal Proceedings on the Criminal Procedure Code. 3) To compare legal problems related to the Legal Problems on the Prosecuting of the Monastic Discipline Under the Rules No. 11 (B.E. 2521) of Saṅgha Supreme Council of Thailand on the Suppression (Niggahakamma) and the Process of Judicial Criminal Proceedings on the Criminal Procedure Code.    4) To propose guidance on amendments to the law on monastic Disciplinary proceedings according to the Suppression (Niggahakamma) and the Process of Judicial Criminal Proceedings on the Criminal Procedure Code. 

According to the research, it was found that

1. Prosecuting of the Monastic Discipline Under the Rules No. 11 (B.E. 2521) of Saṅgha Supreme Council of Thailand on the Suppression (Niggahakamma) of the 5 subjects, which are (1) Saṃmukhavinaya (2) Amulhavinaya (3)Batinhatakarana         (4) Tassapa piyasikakarma (5) Tinavattharakavinaya found that; they are similar to the Establish Law a Mechanism for Informing that a Monk has Committed an Offense. Specify Details about the Authority to sign Penalty and the Process of Posting Penalty to Monks when someone sues (Plaintiff) to the Monks that they have Committed an Offense by Filing a Lawsuit in Writing by Himself to the Considered Person having the Power to sign the Penalty (The Monk who Considered), Including the Abbot, the Monk Under the Jurisdiction or the Monk in the District where the Offense Occurred, Depending on the Case, if Indictment is in Accordance with the Rules of the 11th Supreme Saṅgha Association.

2. Process of Judicial Criminal Proceedings on the Criminal Procedure Code from the past to the Present. The Criminal Proceedings must be based on the Arguments of the Parties, that is; in the Proceedings, the Parties must be Able to Fully Argue, them. In the Proceeding that the Parties are able to fully argue with Evidence, the Parties need to know the Details of the case. Both Parties must have sufficient time to Dispute, Especially, when the Prosecutor who is the Plaintiff has filed a Lawsuit in the Court. At the first Trial, the Court will call the Defendant to Determine whether the Defendant is true According to the Plaintiff's Indictment or not. Read and explain the Charges against the Defendant and ask the Defendant's Testimony to determine the Issue of Dispute in the Case. This is Consistent with the Principle of Witnessing and Criminal Proceedings found in Criminal Cases, the Law gives Importance to bringing the Defendant to Appear in front of the Court. Because without the Defendant, the Proceedings and Examination of Witnesses would not be Possible and May Cause the Court to Temporarily Discharge the Case from the list of Lawsuits that the Criminal Proceedings must be Conducted Openly in the Presence of the Defendant According to the Principle of Hearing. All Parties to have the Opportunity for Defendants to take full Legal Action under the Law. Therefore, the Criminal Proceedings Require the Defendants to come to the Jurisdiction of the Courts in Order to the Defendant to Argue and Defend the Case Fully. 

3. Compare Legal Problems Related to the Legal Problems on the Prosecuting of the Monastic Discipline Under the Rules No. 11 (B.E. 2521) of Saṅgha Supreme Council of Thailand on the Suppression (Niggahakamma) and the Process of Judicial Criminal Proceedings on the Criminal Procedure Code. With the Proceeding of Criminal Proceedings under the Criminal Procedure Code, it was found that the Mortgage Proceedings had the same Procedures and Methods Consistent with the Cases that took Place in the Court, and that the Differences for the Appropriate and fair Punishment of Offenders with the Monastic Society and the Thai Society in Order to Prevent and Suppress the Occurrence of the Occurrence, is going to Happen and has Already Happened. It is not clear whether the Monk who committed the Offense was a Monastic Disciplinary Defense Alone or an Offense of Secular Law. If a Buddhist Disciplinary Court is established, an Offense Committed by the Monk will be considered and the Punishment will be Separately Considered. If it is an Offense in Connection with the Monks, Disciplinary Action shall be punished. If it is an Offense under the Criminal Code or Civil and Commercial Law or other Laws Separated and Considered According to the base of Offense and Empowered at the Sangha Disciplinary Court, from the Procedure for Considering the Attitudes if it is a System of Monastic Discipline it will be a Process to Create Justice for the Thai Saṅgha, giving the Accused or the Prosecutor or the Occurrence of the Occurrence to have Access to the Judicial Process of the Sangha Monastic Court fairly Equally. Therefore, it is Recommended to Draft the Statute act of the Saṅgha Disciplinary …., Including the Draft Royal Decree on the Jurisdiction of the Saṅgha Disciplinary Court, ….

4. Suggesting for Solutions Revised Laws Relating to Monastic Disciplinary Propose Guidance on Amendments to the Law on Monastic Disciplinary Proceedings According to the Suppression (Niggahakamma) and the Process of Judicial Criminal Proceedings on the Criminal Procedure Code. It is Expedient to set up a Monastic Court Instead of the Appointment System for use in Monastic Justice Process in Monastic Discipline Instead of the Penalty System, Issue 11, 1978 of the Supreme Saṅgha Association by Providing Laws to be Involved in the Establishment of Courts, Disciplines, and Laws, and Orders of the Supreme Saṅgha Association Judge in the Ecclesiastical Court Act in the Name of the Supreme Patriarch of Saṅgha was Sanctified Due to the Saṅgha Discipline Court is a Substance Developed from the Penalty system According to the Supreme Saṅgha Association Law No. 11, 1978 by the Saṅgha Disciplinary Court. It is an Act against a Monk who has committed an Offense from the Monks and does not have the Opportunity to return to the Ordination Again. If Violates the Ordination Again, it will be an Offense under the Criminal Code.