The Warsaw District Court on Wednesday issued a non-final decision granting a safe-conduct letter to former Deputy Justice Minister Marcin Romanowski, who is a suspect in an investigation into alleged irregularities involving Poland’s Justice Fund.
Prosecutors said they would appeal the ruling.
The decision followed a closed hearing on Romanowski’s application. The court also ruled that his pre-trial detention would be lifted if the decision on the safe-conduct letter becomes final.
Romanowski’s lawyer, Bartosz Lewandowski, said the court had taken into account the advanced stage of the investigation and the time that had passed. He said the court considered it in the interests of justice for the proceedings to continue with Romanowski present and available to the authorities.
A safe-conduct letter allows a suspect or defendant to remain at liberty while participating in criminal proceedings, provided they comply with conditions set by the court. These include appearing before the court or prosecutors when summoned, remaining at their declared place of residence and not unlawfully obstructing the proceedings.
The investigation is being led by prosecutor Piotr Woźniak. He said prosecutors did not share the court’s assessment and did not trust Romanowski’s declarations that he would return to Poland. He said the ruling would be challenged.
In its written reasoning, the court said a safe-conduct letter should not be viewed solely as a measure serving the interests of a suspect. It said the measure could also help achieve the objectives of criminal proceedings, including ensuring the suspect’s participation and allowing the case to be concluded within a reasonable time.
The court noted that measures used since December 2024 had failed to result in Romanowski’s detention and return to Poland. These included an arrest warrant, a European Arrest Warrant (EAW) and other international measures. According to the court, a safe-conduct letter could help achieve the objective that those measures had failed to achieve.
Prosecutors argued that the Criminal Procedure Code requires the prosecutor’s consent, or the absence of a prosecutor’s objection, for a safe-conduct letter to be issued during the preparatory stage of criminal proceedings.
The court, however, found that applying this provision would be contrary to the Constitution and international law, according to court spokeswoman Judge Anna Ptaszek. The court said the provision could not bind the court because of the principle of equality between the parties to criminal proceedings.
If the ruling becomes final and Romanowski returns to Poland, he will be required to appear before the court or prosecutors whenever summoned, remain at his permanent place of residence and refrain from obstructing the proceedings.
Prosecutor Woźniak said that if Romanowski failed to comply with these obligations, prosecutors could again seek coercive measures, including pre-trial detention.
Lewandowski said there was no doubt that Romanowski would return to Poland if the ruling became final.
Romanowski is accused by prosecutors of, among other things, participating in an organised criminal group and manipulating competitions for funds from the Justice Fund. He denies the allegations.
The Warsaw District Court previously issued a European Arrest Warrant for Romanowski at the request of prosecutors. A Polish arrest warrant was also issued for him.
Romanowski obtained political asylum in Hungary in December 2024. According to information reported in July, Hungary later revoked his refugee status and invalidated his travel documents.
On August 12, the Warsaw District Court announced that it had received Romanowski’s application for a safe-conduct letter.
The Justice Fund is a state fund administered by the Justice Ministry. The investigation concerns alleged irregularities in the allocation and use of money from the fund.
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Sources: IAR/PAP