Conditions for practicing the Divinatory Arts
Since March 1, 1994, article R.34.7 which punished those who practice… Or explaining dreams has been repealed.
The exercise of the divinatory arts on a professional basis remained until recently a prohibited activity. Article R.34 7° of the old Penal Code in fact punished until 1994 with the fine provided for 3rd class contraventions “those who make a profession of guessing and prognosticating, or of explaining dreams”. The new Penal Code, which came into force on March 1, 1994, does not include this offense, although it is rarely used, so that from now on the profession of astrologer, clairvoyant or medium is authorized, in accordance with the principle of legality which requires that everything which is not prohibited by law is permitted. However, the profession is not particularly regulated. No particular diploma is required, there is no order of professionals in the divinatory arts, no particular obligation for competition, authorization or registration. There are also no conditions of financial capacity or professional capacity to enter the profession. In other words, anyone can become an astrologer or clairvoyant overnight and earn income from it, making it their profession, even if they do not have in-depth knowledge of the divinatory arts, even if they have none. We immediately see the danger of this lack of regulation. However, professionals in the divinatory arts do not live in impunity and are subject to general texts, whether in fiscal, social, civil or criminal matters.
The seer
He is self-employed. Professionals in the divinatory arts most often work as independent workers, outside of any structure. As such, and like any self-employed worker, they are subject to an obligation to declare the start of their activity, for the purposes of informing the tax administration and social security organizations. For the purposes of simplification, this declaration can be made using a single form, at a business formalities center (which is located in the chambers of commerce, Urssaf or tax centers), which will then be responsible for sending a copy of this declaration to each of the administrations concerned. In the absence of declaration of the start of activity, the professional is liable to criminal sanctions for carrying out hidden work (or undeclared work), namely two years’ imprisonment and a maximum fine of 200,000 francs (articles L.324-9, L.324-10 and L.362-3 of the Labor Code). Subsequently, each year, the professional is required, under the same sanctions, to declare his non-salaried income derived from his activity, so that the amount of his taxes and that of his social security contributions can be calculated. The professional must therefore pay, according to a variable schedule, health insurance contributions, old age and disability insurance contributions, generalized social contribution contributions (CSG) and the social debt recovery contribution (CRDS), the amounts of which are proportional to professional income. Regarding income tax, income from divinatory arts and occult sciences must be declared in the category of non-commercial profits.
Obligation of means or obligation of result?The exercise of the divinatory arts takes on increasingly varied forms. From traditional office consultations, we have moved on to remote communication techniques: telephone, minitel, Internet. In addition, professionals are no longer confined to consultation activities but give courses, write books, design software, sell “derived products” (from the deck of tarot cards to the miracle elixir, including all kinds of pentacles, amulets and other medals of happiness). Whatever the activity carried out and its form, the professional is subject to a set of scattered texts, for example those relating to mail order sales or those relating to price advertising. To limit himself to consultation activities, the astrologer or clairvoyant cannot do anything. The consultation is first and foremost a contract between the clairvoyant and his consultant: as such, the parties must enter into a contract in good faith and make an informed choice. In the event of a defect in consent (deception, error, duress), the contract is void and the consultant may request reimbursement of the sums paid, or even damages. There is also an obligation of means imposed on the occult science professional: he must use his knowledge to draw up a portrait of the consultant and arrive at his predictions. If this is not the case, for example if the astrologer promised or suggested a personal study when he used computer software, he is in breach of his obligation of means and the consultant can obtain reimbursement of the sums paid, without prejudice to possible damages. Finally, in certain cases, it is possible to impose on the professional an obligation of result: for example marabouts who promise an emotional return, success in an exam, winnings in gambling, or even clairvoyants and other pure mediums who guarantee 100% the accuracy of their predictions or promise reimbursement of sums paid in the event of non-fulfilment. If the event does not occur, it must be considered that the contract has not been correctly executed. The consultant can therefore be compensated.
Scam and false advertising
Psychics in the crosshairs of the criminal law!
The occult sciences and divinatory arts are abuses, since they are suppositions about the future, by definition unverifiable at the time they are formulated. Alongside the conscientious practitioner, who can go so far as to inform his consultant of the relativity of his forecasts, many astrologers, clairvoyants, diviners, mediums know how to play on credulity and human misery to extract the maximum amount of money from their clients. However, if the activity of a clairvoyant is free, certain abuses are repressed by criminal law. From this point of view, two offenses are often used against charlatans of all kinds: fraud and false advertising. Fraud is the act, either by the use of a false name or a false capacity, or by the abuse of a true capacity, or by the use of fraudulent maneuvers, of deceiving a person and thus causing them to their detriment or to the detriment of a third party, to hand over funds, values or any property, to provide a service or to consent to an act resulting in obligation or discharge. Fraud is punishable by five years’ imprisonment and a maximum fine of 2,500,000 francs (article 313-1 of the Penal Code).The cases in which clairvoyants have been convicted are edifying and disconcertingly varied. As a general rule, the professional or supposed professional has impressed his clients through a show, to make them believe in a supernatural power and to get them to pay large sums of money. Remedies are therefore open against corrupt clairvoyants and the injured consultant can always file a complaint. In the absence of any prejudice, that is to say even if no person has used the services of the soothsayer or clairvoyant or has been deceived, prosecution for false advertising is also possible. This is advertising comprising, in any form whatsoever, false or misleading allegations, indications or presentations, when these relate to one or more of the following elements: existence, nature, composition, substantial qualities, content of useful principles, species, origin, quantity, mode and date of manufacture, properties, prices and conditions of sale of goods or services which are the subject of the advertisement, conditions of their use, results which can be expected from their use, reasons or methods of the sale or provision of services, scope of commitments made by the advertiser, identity, qualities or abilities of the manufacturer, resellers, promoters or service providers. Advertising that is likely to mislead is punishable by two years’ imprisonment and a fine of up to 250,000 francs (articles L.121-1 to L.121-7 of the Consumer Code). Ultimately, if the profession of diviner is not specially regulated, it is surrounded by a set of general rules and prescriptions which apply to any professional activity. This is a consideration that some clairvoyants easily forget, wrongly believing that they are bathed in total impunity.
Harald Renout, Graduate of in-depth studies in criminal law and criminal sciences