The Warsaw District Court on Wednesday granted Romanowski, a suspect in an investigation into alleged irregularities involving Poland's Justice Fund, permission to return to the country under a procedure that would allow him to remain at liberty while criminal proceedings are pending rather than be held in pre-trial detention.
The ruling, issued after a closed hearing, is subject to appeal. Prosecutors said they would challenge it.
The court also ruled that an existing order for Romanowski’s pre-trial detention would be lifted if the safe-conduct ruling becomes final, reporters were told.
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, led by Prosecutor Piotr Woźniak, concerns alleged irregularities in the allocation and use of public funds.
Woźniak 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.
After being stripped of his parliamentary immunity in July 2024, Romanowski disputed the case against him but declared that he would not "seek to destabilise any proceedings or flee" the country. He also said he was "ready to address these baseless charges, motivated by political revenge."
However, he later fled Poland to Hungary, then governed by Prime Minister Viktor Orban, prosecutors say.
In its written reasoning, the Warsaw court said a safe-conduct letter should not be viewed solely as a measure serving the interests of the 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 accomplish.
Prosecutors argued that Poland’s 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 it 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.
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, a state fund administered by the justice ministry and intended to help crime victims and rehabilitate convicts.
He denies the allegations.
Prosecutors say the Justice Fund was abused for political purposes through rigged contests under the orders of former Justice Minister Zbigniew Ziobro.
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.
Prosecutors at the time urged the court to reject the request and sought proof that Romanowski was in Russian-controlled Transnistria.
They told reporters that his application said he was in Tiraspol, the capital of Transnistria, a breakaway region internationally recognised as part of Moldova but under Russian military occupation and outside the Moldovan government's control.
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Sources: IAR/PAP