Letter of safe conduct

A letter of safe conduct is a special document (a decision of the district court) that ensures that a defendant or suspect remains at liberty and participates in procedural activities until the final conclusion of criminal proceedings, if he meets the conditions set by law. After the issuance of a letter of safe conduct, deprivation of liberty in any form, such as by arrest, ordering arrest and compulsory bringing or detention on remand in the case in which the letter was issued, is not permitted.

A letter of safe conduct can be applied for at the preparatory stage (against the suspect) as well as during the proceedings before the court (against the defendant). A letter of safe conduct can only be issued against a person who has already been charged in the proceedings. At the stage of preparatory proceedings, a request for the issuance of a letter of safe conduct can be made by the prosecutor, as well as by the suspect and his defense counsel. In the latter case, it is necessary that the prosecutor does not object to the application. At the stage of judicial proceedings, the initiator of the proceedings for the issuance of a letter of safe conduct is the court or the defendant and his defense counsel.

In order for a letter of safe conduct to be issued to a person against whom criminal proceedings are pending, the person:

• must reside outside Poland (regardless of whether the stay is permanent or temporary and what the grounds are);
• must make a statement that he or she will appear on a specified date at the summons of the court, and in preparatory proceedings also at the summons of the prosecutor (in practice, the statement is usually an attachment to the submitted application and is in writing);
• will return to Poland, establish a place of residence in the country and will not move away from it without permission of the court;
• will not induce false testimony or explanations and will not seek to otherwise unlawfully obstruct criminal proceedings.

It is not possible to issue a letter of safe conduct to a defendant for whom extradition has been requested. The same applies if a European Arrest Warrant has been issued. In the case where, after an extradition request has been made or a European Arrest Warrant has been issued, the defendant has requested the issuance of a letter of safe conduct, there is no obstacle to withdrawing the request, revoking detention on remand and issuing a letter of safe conduct. For the same reasons, it is not possible to request extradition of a defendant who has been issued a letter of safe conduct; in such a case, the court’s decision to issue a letter of safe conduct precludes the application of detention on remand, which is a prerequisite for making an extradition request.

In the field of cases related to the issuance of a letter of safe conduct, Kopeć & Zaborowski Law Firm offers:

• detailed discussion of the institution of a letter of safe conduct, its admissibility, scope of application and the powers and obligations arising from it;
• analysis of the legal and factual situation of a person who would like to apply for the issuance of a letter of safe conduct;
• preparation of an application for the issuance of a letter of safe conduct;
• assistance with the preparation of the relevant statement attached to the application;
• contacting the prosecutor in charge of the case and making arrangements for the prosecutor to apply for a letter of safe conduct or not to object to the letter of safe conduct;
• actively participating in the hearing on the issuance of a letter of safe conduct;
• drafting a complaint against the decision to refuse to issue a letter of safe conduct, to revoke a letter of safe conduct, or to rule on the forfeiture or collection of assets granted under a bail.

We direct our services to:

• persons who wish to apply for a letter of safe conduct;
• persons prosecuted under the European Arrest Warrant;
• persons who have been refused a letter of safe conduct;
• persons against whom extradition proceedings are pending.