“Persuasión coercitiva” y organizaciones criminales en el derecho penal mexicano

Resumen

The Society is composed of complex communication systems, among which are the religious organizations, some of them qualified as Cults and others as destructive or coercive. In coercive Cults the communication is deficient thanks to a totalitarian and systemic organization that restricts or eliminates the will of the subjects, for that reason the ex-adepts usually denounce the lack of freedom. We have analyzed the methodologies and techniques of manipulation applied by some criminal groups from different scientific disciplines such as psychology, psychiatry and sociology, and comparative law and the typological and normative problems in Mexican legislation, resulting in different persuasion techniques coercive can not be sanctioned by the Law of Religious Associations and Public Cult, but everything else can be located in the crime of threats of Article 282 II in relation to Articles 51 and 52 of the Federal Criminal Code, and in some other types, not without difficulties of enormous normative draft, so it requires a typical formulation of the crime of basic coercion in the Federal Criminal Code, although in more serious states when it affects the mental health can be located this criminal dynamic in the crime of coercion aggravated of article 292 of the Federal Criminal Code. The insufficiency of the traditional types against the will and against the psychic integrity requires new dogmatic and typological formulations to combat a criminal phenomenology that in psychology, psychiatry and sociology is already supported with a certain scientific consensus. Finally, we have made a typification proposal that resolves the normative and dogmatic problems through the harmonization of the results found in the other sciences. In addition to this criminal figure focused on coercive persuasion as unfair, it is proposed to criminalize certain coercive organizations, with willful misconduct or reckless conduct, to give normative meaning to indoctrinations that from the youth were associated with the accused criminal organizations that exist in Mexico.