Ordo Iuris: Removed Baby Jesus and a spectacle about legalizing abortion

Lawyers of the Ordo Iuris Institute, acting on behalf of the Councillor of the territory Council in Olsztyn Krzysztof Kamiński, filed a complaint against the dismissal of the enquiry into the poster promoting the performance “We Are All Belén”. The play was staged at the Stefan Jaracz Theatre in Olsztyn. The territory Prosecutor's Office of Olsztyn-South dismissed the investigation in its entirety on 4 September 2026, stating that the act did not fulfil the crime's characteristics. In her opinion, there was no spiritual impression, or violation of Article 196 of the Criminal Code. She besides stated that the Marshal of Warmian-Masurian Voivodeship and the staff of the Ministry of Culture and National Heritage did not exceed their powers or neglect to fulfil their duties (Article 231 §1 k.k.). The proceedings were initiated after the councilman Krzysztof Kamiński submitted a announcement of a legitimate suspicion of a crime.

The poster presented the recognizable image of Our woman of Czestochowa. His creators removed the figure of Baby Jesus from the image and placed a white mask on Mary's face. The performance promoted by the poster tells the communicative of Belén in the context of social protests and the pursuit of legalization of abortion. It is simply a phase adaptation of the coverage of Argentine author Ana Elena Correa. She describes the communicative of a young female known as Belén, who, in 2014, after claiming a spontaneous miscarriage, was charged with execution and sentenced to 8 years imprisonment in 2016. In 2017, the ultimate Court of Tucumán state acquitted her. The title “Belén” means both the character’s nickname and Bethlehem — the birthplace of Jesus Christ.

The poster besides met with opposition from the faithful of the Warmia Archdiocese. The message published by the Archdiocese indicated that "The Warmia Archdiocese powerfully joins this opposition". At the same time, it was stressed that artistic freedom does not release work for content that can hit values considered sacred by many people.

The lawyers of the Ordo Iuris Institute have challenged the decision to drop the investigation. They request that it be repealed and continued.

I do not agree with the decision of the territory Attorney's Office of Olsztyn-South to discontinue the investigation into suspicion of spiritual feelings in connection with the promotion of the performance "We Are All Belén" at the Stefan Jaracz Theatre in Olsztyn.

On my behalf, the legal representatives brought a complaint to the Olsztyn territory Court against the prosecutor's decision of 4 September 2026, demanding that it be repealed and continued. The case concerns the usage in promotional materials of an image clearly referring to the image of Our woman of Czestochowa, subjected to a far-reaching modification, including the removal of the character of Baby Jesus (the subject of abortion?) and consequently the comparison of this symbolism with the subject of abortion.

As a believer, I believe that specified usage of 1 of the most crucial spiritual images of Polish Catholics violates the limits of respect due to spiritual objects. I remind you that as early as November 2025, representatives of the Church, parliamentarians, local governments and individuals protested against this form of promotion. I myself, together with another public officials, have given an authoritative speech to the Marshal of Warmia-Masurian Voivodeship and the Ministry of Culture and National Heritage. Despite the protests reported, promotional material remained publically available.

In my opinion, 3 issues are essential.

Firstly, the poster was distributed in public space (announcement posts, buses, Internet), besides among people who did not know the content of the show, but the poster itself was offensive to them. I believe that its impact should besides be assessed independently of the performance itself.

Secondly, it is crucial to separate between the freedom of artistic creation and the work for the usage of spiritual symbols. Artistic freedom is subject to constitutional protection, but does not automatically exclude the application of rules protecting spiritual freedom. Importantly, specified acts are committed in Poland only in relation to Catholic symbols. It is advanced time to defy these tendencies.

Thirdly, I believe that it is essential to examine in peculiar the importance of knowingly disseminating controversial promotional material, besides in the context of public objections and in the context of the work of those who supervise cultural institutions.

I don't find the criminal liability of any peculiar person. I expect, however, that all the applicable circumstances of the case will be clarified and that the legal assessment will take into account both the freedom of artistic creation and the constitutionally protected freedom of conscience and religion. A complex complaint is an expression of my belief that the substance needs further examination.

In view of the well-being of the proceedings and the rules on the protection of information from the investigation, I will not disclose at this phase the content of the complaint or the evidence collected in the investigation. I will keep the public informed of further decisions.

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