Cultic Studies Journal, Vol. 18, 2001, Page 13
for carrying out official judicial or tax inquiries. It is, however, difficult to proceed
against would-be, swindling ―gurus‖ because of the reluctance of members to lodge a
complaint.
3. ―Hiding immoral behavior or illicit conduct behind an appearance that seems sometimes
to be beyond reproach.‖ In this case the report affirms that if a group of persons of the
same faith takes part in ―criminal commercial activities,‖ this can be pursued because
―… crimes connected to manifestations of the cult are treated as crimes common to all
the effects …‖
4. ―The propagation of doctrines characterized by strongly irrational elements that may
cloud the thinking of members and push them toward deviant behaviors that endanger
public safety.‖ This group of concerns, according to the report, arouses more worry,
along with Satanist gangs. Groups that seek to ―save the world‖ are less likely to dirty
themselves with criminal actions because they desire to win favor with the public. Other
groups, however, ―whose members, believing themselves the elect or the only ones
worthy of ‗salvation,' then to make their separation from others more radical, in order to
avoid `contamination,‘‖ they may organize with ―a greater probability of antisocial acts.‖
At this point the report raises the possibility that ―some fanatic, belonging to one or the
other type of group […] may decide to commit a striking act in order to send a message
to all of humanity.‖ This danger was especially felt in Italy and in Rome, the city in
which the Jubilee year of 2000 had a particular religious significance and importance
superior to any other city in the world.
5. ―The search for objectives different from those that are declared, if not quite of
subversive or destabilizing plans, then concealed under ‗religious pretexts.‘”6
Another important event occurred on November 12, 1998 when twenty Italian senators
posed some questions in Parliament (Senate of the Republic) about the Congregation of
Jehovah's Witnesses. They asked the President of the Council of Ministers and the Ministers
of the Interior, the Coordination of Civil Safety, and Finances ―whether the overall picture of
the activities of the Congregation, the strict compliance imposed on the followers with rules
which contrast with Italian law, the confidential nature of organizational, disciplinary and
financial data, and the prevailing obedience to internal rules in contrast to the rights of the
human person, family ties and duties towards society can constitute what in law is called a
secret association‖ and ―whether, therefore, whatever the articles of association may say,
the Congregation of Jehovah's Witnesses can be called a religious confession or, rather, a
cult.‖7
The Point of View of Italian Law
I shall make a few brief comments on the abolition of the crime of plagio by the Italian
Constitutional Court8, which established the constitutional illegitimacy of Art. 603 of the
Penal Code. This decision eliminated the crime of plagio from those provided for under our
penal code. The jurisprudence tended to construe it as ―the creation of a psychological
domination, induced by suggestion…with a consequent redirection of the will, and, according
to some, the creation of a situation where the person was deprived of mental competence.‖9
In order to avoid misunderstandings concerning this decision, often quoted in relation to
crimes involving so-called ―brainwashing,‖ I have decided to make things clearer, using the
acts of the 1990 Conference on ―Socially accepted persuasion, plagio and brainwashing.‖ Dr
Pietro Sarteschi quotes part of the decision: ―A detailed examination of the various and
contrasting interpretations given to Art. 603 of the Penal Code in doctrine and
jurisprudence, clearly shows the lack of precision and definition of the law, the impossibility
of giving it an objective, coherent, and rational content, and hence the absolutely arbitrary
nature of its concrete application. It has rightly been compared to an unanchored mine
for carrying out official judicial or tax inquiries. It is, however, difficult to proceed
against would-be, swindling ―gurus‖ because of the reluctance of members to lodge a
complaint.
3. ―Hiding immoral behavior or illicit conduct behind an appearance that seems sometimes
to be beyond reproach.‖ In this case the report affirms that if a group of persons of the
same faith takes part in ―criminal commercial activities,‖ this can be pursued because
―… crimes connected to manifestations of the cult are treated as crimes common to all
the effects …‖
4. ―The propagation of doctrines characterized by strongly irrational elements that may
cloud the thinking of members and push them toward deviant behaviors that endanger
public safety.‖ This group of concerns, according to the report, arouses more worry,
along with Satanist gangs. Groups that seek to ―save the world‖ are less likely to dirty
themselves with criminal actions because they desire to win favor with the public. Other
groups, however, ―whose members, believing themselves the elect or the only ones
worthy of ‗salvation,' then to make their separation from others more radical, in order to
avoid `contamination,‘‖ they may organize with ―a greater probability of antisocial acts.‖
At this point the report raises the possibility that ―some fanatic, belonging to one or the
other type of group […] may decide to commit a striking act in order to send a message
to all of humanity.‖ This danger was especially felt in Italy and in Rome, the city in
which the Jubilee year of 2000 had a particular religious significance and importance
superior to any other city in the world.
5. ―The search for objectives different from those that are declared, if not quite of
subversive or destabilizing plans, then concealed under ‗religious pretexts.‘”6
Another important event occurred on November 12, 1998 when twenty Italian senators
posed some questions in Parliament (Senate of the Republic) about the Congregation of
Jehovah's Witnesses. They asked the President of the Council of Ministers and the Ministers
of the Interior, the Coordination of Civil Safety, and Finances ―whether the overall picture of
the activities of the Congregation, the strict compliance imposed on the followers with rules
which contrast with Italian law, the confidential nature of organizational, disciplinary and
financial data, and the prevailing obedience to internal rules in contrast to the rights of the
human person, family ties and duties towards society can constitute what in law is called a
secret association‖ and ―whether, therefore, whatever the articles of association may say,
the Congregation of Jehovah's Witnesses can be called a religious confession or, rather, a
cult.‖7
The Point of View of Italian Law
I shall make a few brief comments on the abolition of the crime of plagio by the Italian
Constitutional Court8, which established the constitutional illegitimacy of Art. 603 of the
Penal Code. This decision eliminated the crime of plagio from those provided for under our
penal code. The jurisprudence tended to construe it as ―the creation of a psychological
domination, induced by suggestion…with a consequent redirection of the will, and, according
to some, the creation of a situation where the person was deprived of mental competence.‖9
In order to avoid misunderstandings concerning this decision, often quoted in relation to
crimes involving so-called ―brainwashing,‖ I have decided to make things clearer, using the
acts of the 1990 Conference on ―Socially accepted persuasion, plagio and brainwashing.‖ Dr
Pietro Sarteschi quotes part of the decision: ―A detailed examination of the various and
contrasting interpretations given to Art. 603 of the Penal Code in doctrine and
jurisprudence, clearly shows the lack of precision and definition of the law, the impossibility
of giving it an objective, coherent, and rational content, and hence the absolutely arbitrary
nature of its concrete application. It has rightly been compared to an unanchored mine
