Disciplining and Punishing Consciences (?) Glimpses into the possible introduction of the crime of mental manipulation into Italian legislative framework

Abstract

The article examines recent draft laws nos. 1496 and 1515 of 2025, which aim to introduce into Italian law an offense similar to the now-repealed crime of “plagio”. It challenges the systemic aporias that characterize the attempt to criminalize so-called ‘mental manipulation’, a conceptually evanescent and legally problematic expression. The examination highlights the critical issues inherent in the connection between the ‘sectarian’ structure of some social groups and the criminal relevance of cognitive conditioning, with reference to doctrinal stratifications on brainwashing. The article underscores the tension between the protection of individual autonomy and the safeguarding of religious pluralism, arguing that the proposed legislative addition risks distorting the constitutional framework of guarantees.