วิเคราะห์กฎหมายว่าด้วยวิธีพิจารณาคดีทุจริตและประพฤติมิชอบ ศึกษากรณี เจ้าอาวาสปฏิบัติหรือละเว้นการปฏิบัติหน้าที่โดยมิชอบ หรือโดยทุจริต ตาม ประมวลกฎหมายอาญา มาตรา ๑๕๗ และพระราชบัญญัติคณะสงฆ์ พ.ศ.2505 แก้ไขเพิ่มเติม (ฉบับที่ 2) พ.ศ.2535

The purposes of this research were 1) To study the concepts, theories, history and background of the criminal prosecution. 2) To study the cases of the Abbots or Government Officials who perform their duties or neglect to perform their duties improperly or corruptly. 3) To study and analyze the inquisitorial system and the justice that obtained from the inquisitorial system in criminal cases regarding the corruption and misconduct cases.4) To obtain the suggestions on the protection of the rights of abbots in during the investigation or inquiry process in criminal cases regarding the corruption and misconduct cases. This research is qualitative research, focusing on the study of knowledge from the primary sources, namely the Tripitaka and law, and knowledge from the secondary sources, namely: the legal explanatory documents; Supreme Court decisions; textbooks related to the criminal cases regarding the corruption and misconduct cases; and research on the trial procedures with the inquisitorial system, which is then analyzed; identified issues; categorized; summarized as research results and presented the research results in documents by descriptive methods.

The research results found that the trial process in the inquisitorial system in criminal cases regarding the corruption and misconduct cases has a truth-finding process that is different from the accusation system in general criminal cases, resulting in those who responsible for conducting the case need to study the trial process in the inquisitorial system in criminal cases regarding the corruption and misconduct cases to gain a thorough understanding of the trial process, in order to maintain their own benefits and justice. The corruption and misconduct of government officials and abbots is one of the major problems that has a detrimental effect on national development and the deterioration of the value of the moral system. In the current situation, all sectors are trying to find solutions and prevention, by campaigning and promoting the right values ​​to create good governance and by strictly addressing corruption, to the point of establishing a court and enacting a law specifically for this case.The process of litigation related to the prevention and suppression of corruption and misconduct will start from the investigative stage or inquisitorial stage to the trial and judgment of the case, which has a different format and procedure from general criminal cases. The criminal offenses resulting from the actions of government officials and abbots who perform their duties or neglect to perform their duties improperly or corruptly are considered a violation of the provisions of the law. Therefore, it is stipulated that such cases must be tried in the Criminal Court for Corruption and Misconduct, which is a court with specific authority to consider and judge these cases.However, the performance of duties by government officials and abbots in some cases was carried out because they didn't think it through as well as they didn't have corrupt intentions. Therefore, the results of studying the law and the trial process related to corruption cases to gain clarity can be used to protect the rights, freedoms and justice of the accused or defendants. As for the abbots, there is still no sufficient law to protect the rights of the abbots when they are accused of performing their duties or neglecting to perform their duties improperly or corruptly according to Section 157 of the Criminal Code. For the trial system in the Criminal Court for the corruption and misconduct cases, it is an inquisitorial system, where the defendants, who are the government officials and abbots, have roles, powers and duties for the public or religion more than general people or monks, which is different from the status and role of defendants in general criminal cases. The enforcement of laws related to prevention and suppression of corruption is very important. Therefore, the government has stipulated such matters in the constitution and various laws, which is the creation of effective measures and mechanisms to prevent and eliminate the corruption and misconduct. However, in terms of protecting the rights of the abbots who are accused of misconduct or corruption, there is still no sufficient law to protect the rights of abbots in during the investigative stage or inquisitorial stage or during the trial stage. Therefore, it is not consistent with the provisions of Section 29, paragraph two of the Constitution of the Kingdom of Thailand, Buddhist Era 2560 (2017), which states that “In a criminal case, it shall be presumed that the accused or defendant is not guilty and before there is a final judgment showing that any person has committed an offense, that person shall not be treated as if he or she has committed an offense.” Therefore, the results of the study on the Analysis of Trial Procedures by using the inquisitorial system in criminal cases regarding the corruption and misconduct cases and the Work Procedures of the Court or Government Agencies that have the power and duty related to the prevention and suppression of corruption in this research are beneficial to those who are involved in the criminal cases regarding the corruption and misconduct cases and the people who are interested in studying such matters to gain a deeper understanding, as well as to obtain the suggestions for amending and improving the law in the part related to the protection of the rights of the abbots in during the investigative stage or inquisitorial stage or during the trial stage of the Court, which will have a positive effect on the justice process and the stability of Buddhism in the future.