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2176e5af049580944afd9480f3950ec4Эрүүгийн хуулийн 95 дугаар зүйл. Бусдыг амиа хорлоход хүргэх: .Эд хөрөнгө, албан тушаалын болон өөр байдлаар эрхшээлдээ байгаа болон өөр бусад хүмүүстэй харгис хэрцгий харьцсан буюу нэр төр, алдар хүндийг нь байнга гутаан доромжилсны улмаас хохирогч амиа хорлосон бол хоёроос таван жил хүртэл хугацаагаар хорих ял шийтгэнэ.

Энэ бол 2017 оны 07-р сарын 01- хүртэл хүчин төгөлдөр мөрдөгдөж байсан Эрүүгийн хуулинд байсан заалт. Харин шинэ Эрүүгийн хуулинд энэ талаар огт дурьдаагүй, энэ заалт байхгүй болсон.

Өөрөөр хэлбэл гэр бүл,ажил хэрэг болон өөр харьцаатай хүнийг дарамталсан түүх нэг биш удаа давтагдсанаар хүн стресст орж  амиа хорлоход хүрдэг байна. Харин хүнийг амиа хорлоход хүргэсэн этгээд нь хүн алсан хүнээс бага ял авсан тохиолдол бүртгэгдлээ.

Баянгол дүүрэгт Х овогт А-гийн Д-г хохирогчид хүч хэрэглэн хүчиндэхийг завдсан гэмт хэрэг үйлдсэн гэмт хэрэг,  бусдад харгис хэрцгий харьцсаны улмаас хохирогч амиа хорлосон гэмт хэрэг үйлдсэн байна.  Баянгол дүүргийн эрүүгийн хэргийн анхан шатны шүүхээс хүчирхийлэхийг завдсан үйлдэлд нь 7 сарын хорих ял, амиа хорлоход хүргэсэн үйлдэлд нь 2 жилийн хорих ялаар тус тус шийтгэсэн. Улмаар А.Д-д оногдуулсан хөнгөн ялыг хүнд ялд багтааж биечлэн эдлэх ялыг 2 жилийн хорих ялаар тогтоосон байдаг.  Өөрөрө хэлбэл эмэгтэй хүнийг амиа хорлох хүртэл нь сэтгэл зүйн хүчтэй дарамтад оруулсан этгээд хүн алсан этгээдээс бага ял авч байгаа юм.   Хэрвээ дахиж ийм тохиолдол бүртгэгдвэл Эрүүгийн хуулийн ямар зүйл ангиар хариуцлага тооцох нь тодорхойгүй байгаа бөгөөд гэмт этгээдэд ял завших боломж олгож байна.

Уг нь энэ төрлийн хэрэг шүүхээр жилд 1-2 удаа шийдвэрлэгддэг. Дийлэнх нь хүчиндүүлсний улмаас  амиа хорлосон байгаа юм.  Тиймээс шинэ Эрүүгийн хуульд энэ заалтыг нэхэж оруулах учиртай.

Тиймээс хууль санаачлах  эрхтэйгээрээ УИХ-ын гишүүд, Засгийн газар, энэ асуудалд анхаарал хандуулах шаардлага байгааг дуулгаж байна.

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