The police forwarded materials from the proceedings concerning an incident that occurred in the municipal nativity scene in Bolesławiec Market Square to the District Prosecutor’s Office in Bolesławiec. During the night of December 20–21, after the end of the Gwiazdka Życzliwości event, unknown perpetrators briefly hanged on a rope a doll lying in the manger.
– Police officers inspected the scene – said police spokesperson Anna Kublik-Rościszewska. When the police arrived, the doll was no longer hanging; someone had taken it down and put it back in the manger. – Upon arriving at the scene, officers found the doll lying in the manger without the rope – the policewoman added.
It was established that it was an ordinary doll pretending to be Baby Jesus. The original figure was removed after the celebrations for safety reasons, as nativity-scene elements had been stolen in previous years.
Although the market square is monitored, the camera footage did not allow the perpetrators to be identified. The collected evidence was therefore sent to the prosecutor’s office, where it is currently being analyzed.
Prosecutors must determine whether hanging the doll could be classified as the crime of offending religious feelings. For this to be the case, it would have to be established that the nativity scene constitutes a place where religious rites are performed or that the doll used is an object of religious worship. Since neither the nativity scene nor its elements were damaged, it is unlikely that the act will be classified as property damage.
Let us recall that the incident was first reported by a reader who noticed a doll symbolizing Baby Jesus hanging from a rope during the night. The sight was so shocking that the matter was reported to the police.
Let us also add that on the first Saturday of every month, a group of Catholic activists prays in Bolesławiec Market Square in front of a plastic figure symbolizing the Virgin Mary while displaying a banner showing a torn human fetus. The court in Bolesławiec sentences the activists to fines, while the appellate court in Jelenia Góra acquits them. In Poland, there are two lines of case law: one holds that displaying such banners is an offense, while the other holds that it is not. Depending on which judge one draws, one may be found guilty or not.
In our opinion, hanging the doll does not qualify as an act under Article 196 of the Polish Criminal Code (offending religious feelings). However, as in the case of the banner showing a human fetus covered in blood, courts may issue different verdicts. That is, if the perpetrators are caught at all.
Perhaps it is high time for the city to stop building a nativity scene in the market square and present itself as religiously neutral? This would help us avoid many unpleasant situations.