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abbadieSure, the heading may be alarmist, but that’s how Mexican media are handling it. A law has been approved against fraud through offering to do divinations, spirit evocation or healings by means technically or scientifically unvalidated.
The Supreme Court of Justice specifies that spiritual or ideological practices are not penalized, but the action of offering said activities in exchange for payment. Said very plainly, whoever charles a fee for using Tarot, palmistry or any other type of divination; for healing or cleansing through alternative or mystical means ranking from Reiki to a traditional “limpia” (cleansing), or for any activity which involves summoning spirits –be they the dead, angels, ascended masters, deities, they are spirits all the same-, is risking imprisonment.
I don’t know about you, but I find this worrisome. I don’t even make a living out of my Tarot, but some readings now and then have come in handy, and my mother uses it regularly. And I have friends whose sometimes scarce income depends on their services of Reiki and other techniques which now it seems will be proscribed...
It is specified that the “fraud’s” victim must be in a state of worry, superstition or ignorance. Yes, the Supreme Court states that no ground is given for ambiguities or misinterpretations. But Tarot for example is a scientifically unvalidated method, its technical validation in psychology would be debatable, and those who seek a reading are precisely people who have worries... superstitious?, it depends on whether the jury deems superstitious to believe in the efficacy of Tarot.
I’ll reproduce next the Supreme Court of Justice’s press release on the matter (the translation is a bit awkward because of the difficulty of some legal wordings):
No. 144/2010
Mexico D.F., June 12, 2010
SPECIFIC FRAUD IS COMMITTED BY WHOMEVER EXPLOITS WORRIES, SUPERSTITIONS OR IGNORANCE IN ORDER TO OBTAIN UNDUE PROFIT
The First Room of the SCJN [Suprema Corte de Justicia de la Nación] confirmed the dictamination of a court before the case of some curanderos [healers] and granted them an amparo (legal protection) solely to the effect of compensating the amount obtained through fraud.
The First Room of the Nation’s Supreme Court of Justice (SCJN) resolved that the description of specific fraud contained in the Penal Code of the State of San Luis Potosí, which punishes whomever profits inadequately with the worries, superstitions or ignorance of people, by jeans of alleged spirit evocations, divinations or healings or other procedures lacking technical or scientific validity, is now constitutional
The ministers observed that fraction XII of article 205 of said Code, defines in a clear, precise and exact way the essential elements of the offense of specific fraud, therefore it does not offer ground for uncertainity or arbitrariness and, besides, specifies that im order to configure the delictive conduct it is necessary that the passive subject is in a state of worry, superstition or ignorance.
They observed that the impugnated precept does not penalize spiritual or ideological practice, but fraudulent deceit which occurs through the offer to perform divinations, evocations or healings and have as a consequence propietorial transferral when exploiting the worries, superstitions or ignorance of the passive subject, causing them a detriment in their proprietary assets, because of the undue profit of the active subject.
In the case in question, two brothers who flaunted themselves as healers were sentenced by a judge, for the offense of specific fraud, to eight years of prison and various payments for the illicit behavior of providing their victims drinkable substances or brews to counter their physical illness, as well as telling them that their money was unwell and for this reason they had to perform healings at the addresses where there were alleged treasures.
In the resolution, the ministers confirmed the sentence of a federal court, which granted legal protection to the appealers solely to the effect of compensating the amount obtained through fraud.
They underscored that fraction XII of article 205 of the Penal Code of the State of San Luis Potosí does not deter the activities of the so-called alternative, naturist or homeopatic medicine, inasmuch as these, resides revealing and having a certain degree of technical validity, have followed a line trending toward their regulation and, therefore, they would not fall within the scope of protection pursued by this precept.
Yes, I know I've just condemned myself by Brock's Law, but what the hell, I couldn't resist)
UPDATE: I've been meaning to add this new tidbit. Two lawyers have confirmed that the law is actually applied in the State of San Luis Potosí, so it is only SLP witches and diviners that need to watch their step (I've only met a couple of Wiccans in SLP, I don't really know how many witches are there). Somebody commented in the Livejournal crosspost of the English version (I'm crossposting from my Dreamwidth account) that the press release plainly stated as much; however, I should point out that the press release is not si clear for those not fully aware of Mexican legal expressions because Mexican states are not as independent as those of the USA, and there are precedents of laws adopted nationwide after being concocted in one single state. Anyway, the media made much fuss about this law being applied nationwide; obviously, yet another instance of misinformed and misinforming journalism.
Anyway, should we stop`worrying now? I'd like to hear the witches of SLP speak up. What about them?
