Legislating the modus operandi of committing theft in India and China
Authors:
1.
Kaliningrad branch of the federal state government educational institution of higher education "St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation"
(Department of Criminal Law, Criminology and Criminal Executive Law, head of department)
from 01.01.2018 to 01.01.2024
Kaliningrad, Kalinigrad, Russian Federation
from 01.01.2018 to 01.01.2024
Kaliningrad, Kalinigrad, Russian Federation
2.
Saint Petersburg University of the Ministry Internal Affairs of Russian Federation
(Postgraduate course, Post graduate)
from 01.01.2018 until now
Saint Petersburg, St. Petersburg, Russian Federation
from 01.01.2018 until now
Saint Petersburg, St. Petersburg, Russian Federation
Type:
Article
Pages:
from 15
to 22
Status:
Published
Received:
13.05.2025
Accepted:
27.06.2025
Published:
13.07.2025
Subject area:
UDC 343.7
Language:
Russian
Keywords:
Criminal law, modus operandi, theft of property, India, China, comparative study
Abstract (English):
Introduction. The article considers the criminal legislation of India and China in terms of legislative consolidation of the methods of committing theft, as well as the specifics of the content of the latter. The substantiation of the need to use the positive experience of these countries to improve domestic criminal law norms providing for liability for the theft of someone else's property is presented. Methods. As part of the study, the authors of the article analyzed the norms providing for criminal liability for the theft of someone else's property, which are enshrined in the new criminal law of India and the Criminal Code of the PRC. Foreign scientific literature (in English and in the original language) on the topic of the study was studied. The methodological basis of the study was the dialectical method of cognition. General scientific (systemic analysis, synthesis, induction, deduction, interpretation, description and generalization) and specific scientific (formal logical, comparative legal, statistical, comparative) methods were used. Results. Based on the results of the conducted research, foreign experience in legislative consolidation of methods of committing theft was summarized using the example of India and China. The conclusions made based on the results of the comparative analysis allow us to improve our understanding of the legislative consolidation of the criminal law category considered in the article in the relevant regulatory legal acts.
Introduction. The article considers the criminal legislation of India and China in terms of legislative consolidation of the methods of committing theft, as well as the specifics of the content of the latter. The substantiation of the need to use the positive experience of these countries to improve domestic criminal law norms providing for liability for the theft of someone else's property is presented. Methods. As part of the study, the authors of the article analyzed the norms providing for criminal liability for the theft of someone else's property, which are enshrined in the new criminal law of India and the Criminal Code of the PRC. Foreign scientific literature (in English and in the original language) on the topic of the study was studied. The methodological basis of the study was the dialectical method of cognition. General scientific (systemic analysis, synthesis, induction, deduction, interpretation, description and generalization) and specific scientific (formal logical, comparative legal, statistical, comparative) methods were used. Results. Based on the results of the conducted research, foreign experience in legislative consolidation of methods of committing theft was summarized using the example of India and China. The conclusions made based on the results of the comparative analysis allow us to improve our understanding of the legislative consolidation of the criminal law category considered in the article in the relevant regulatory legal acts.
Keywords:
Criminal law, modus operandi, theft of property, India, China, comparative study
Criminal law, modus operandi, theft of property, India, China, comparative study
