Court decision and legal conflict

On 30 September 2026, the Warsaw District Court granted a letter of safe conduct to Law and Justice (PiS) lawmaker Marcin Romanowski, ordering the suspension of pre-trial detention once the ruling takes legal effect. Prosecutor Piotr Woźniak formally opposed the petition, and the National Prosecutor's Office confirmed it will lodge an appeal against the non-final decision. Under Article 281 § 2 of the Code of Penal Procedure, an amendment enacted under former justice minister Zbigniew Ziobro, a safe conduct pass in preparatory proceedings requires a prosecutor's motion or consent. Court spokeswoman judge Anna Ptaszek explained that the bench regarded the statutory clause conditioning judicial relief on prosecutorial assent as incompatible with the Polish Constitution and international norms. Criminal defense attorney Jacek Dubois and former deputy prosecutor general Kazimierz Olejnik both affirmed that courts have legal grounds to bypass provisions that compromise procedural equality between parties.

Criminal charges and border crossing

The National Prosecutor's Office has filed 11 charges against Romanowski, alleging participation in an organised criminal group and financial misappropriations exceeding 280 million zlotys during his tenure managing the Justice Fund. The lawmaker departed Poland overnight on 7–8 December 2024 via the Barwinek border post into Slovakia and Hungary, pre-empting an anticipated detention order, an arrest warrant, and a European Arrest Warrant. Although Romanowski previously pledged full cooperation with judicial authorities and insisted he would remain in Poland, he left the country after terming the investigation politically motivated. His whereabouts have since remained unconfirmed, with public reporting citing potential stays in Hungary and Transnistria, while he continues to hold his parliamentary mandate in the Sejm.

Executive reaction and judicial integrity

Justice Minister and Prosecutor General Waldemar Żurek publicly attacked the ruling on social media platform X, describing presiding judge Konrad Mielcarek as a politically elevated appointee tied to Ziobro's administration. Deputy Justice Minister Arkadiusz Myrcha explained that the prosecution chose not to submit a formal motion to recuse the judge in order to avoid adding several months of delay to the investigation. Former Justice Minister Zbigniew Ćwiąkalski maintained that the court lacked statutory authority under procedural law to grant the pass, while noting that Żurek's dual executive role creates an inherent institutional conflict of interest.

“You do not give safe conduct to people who stood at the top of an organized criminal group and fled from the law. Zero trust, zero leniency.”

Legal debate and procedural terms

Polish Bar Council President Przemysław Rosati observed that safe conduct represents a practical mechanism to compel Romanowski's presence in Polish jurisdiction rather than leaving the investigation stalled abroad. Rosati pointed to the institutional paradox of Romanowski benefiting from the rejection of procedural laws his own political party enacted. Dr Katarzyna Gajowniczek-Pruszyńska, dean of the Warsaw Bar Association, noted that the court failed to attach financial bail as a prerequisite for granting safe conduct. Legal scholar Marek Chmaj stated that the document imposes mandatory conditions rather than conferring judicial impunity.

“A safe conduct is not a reward. It is an obligation for the wanted person to appear in Poland, reside at a specified address, and report at every request of the prosecution or the court.”