Letter of safe conduct in Poland

About

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.
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Letter of safe conduct

A letter of safe conduct is a document which states that a defendant or suspect remains at liberty if he meets the conditions set by law. He can travel back to the territory of his country and appear in court there. He has the right of safe passage.

Ensure Legal Protection with a Letter of Safe Conduct

A letter of safe conduct is an essential legal tool for individuals facing criminal proceedings abroad, allowing them to return to Poland and participate in proceedings while remaining at liberty. By ensuring protection from detention or arrest, it provides a secure framework for cooperation with legal authorities under clearly defined conditions.

Our law firm specializes in guiding clients through the process of obtaining a letter of safe conduct. From assessing eligibility and preparing the application to representing you in court hearings and engaging with prosecutors, we offer comprehensive legal support to protect your rights and interests.

If you or someone you know could benefit from a letter of safe conduct, contact us today. Our experienced team is here to provide expert guidance and ensure a smooth legal process tailored to your needs.

How can
we help you?

Contact
the experts

Maciej Zaborowski

Advocate, Managing Partner

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice

FAQ

What exactly is a Letter of Safe Conduct?

A Letter of Safe Conduct (in Polish: list żelazny) is a formal decision issued by a district court in Poland that temporarily protects a person involved in criminal proceedings from arrest or detention during their stay in Poland. This letter specifically applies to defendants or suspects who reside abroad but need to return to Poland to participate in court hearings or other legal procedures. Its purpose is to ensure that the individual can move freely within Poland while guaranteeing their appearance before the court at designated times without the immediate risk of incarceration.

Who is eligible to apply for a Letter of Safe Conduct?

Only individuals who are formally charged in an ongoing criminal case in Poland and currently reside outside the country may apply. The applicant must show willingness to cooperate with judicial authorities and commit to appearing at all required court sessions in connection with their case. Importantly, the person should not be subject to a European Arrest Warrant (EAW) or active extradition request at the time of application, as those take precedence over this letter.

What conditions must be fulfilled for the court to grant a Letter of Safe Conduct?

The court will issue a Letter of Safe Conduct only if the applicant meets several specific requirements, including:

  • The person formally declares their address abroad and commits to using that as their residence for the period of issuance.
  • They pledge to appear at all scheduled court hearings, prosecutor’s investigations, or other procedural appointments related to their criminal case.
  • Agree to notify the court and obtain permission before leaving the country or the place of residence indicated in the letter during the ongoing proceedings.
  • They do not pose a flight risk and there is confidence they will respect all procedural obligations.
  • The court may set additional conditions, such as prohibitions on travel without authorization or restrictions on contacting certain persons involved in the case.

How and where is the application for the Letter of Safe Conduct submitted?

Applications are filed at the district court handling the relevant criminal proceedings. The request can be made by:

  • The defendant themselves, if residing abroad.
  • Their legal representative or defense counsel acting on their behalf.
  • The public prosecutor at any stage of the proceedings.
    The application must include specific personal data, case information, and a statement of commitment by the defendant. During preparatory proceedings, the prosecutor’s consent is generally required before the court acts on the application.

What legal protections and effects does the Letter provide?

Once the court grants the Letter of Safe Conduct, it affords the bearer immunity from certain enforcement actions tied to the criminal case, such as:

  • Arrest or detention solely related to the charges in that proceeding.
  • Compulsory bringing or conduct restraining measures for procedural reasons.
    The letter enables the individual to travel to Poland and participate in the judicial process without fear of immediate physical confinement. However, the individual remains under judicial supervision and must strictly adhere to all conditions imposed by the court.

What happens if the individual violates the conditions set out in the Letter?

If the bearer fails to comply—for example, by missing court dates, leaving the designated residence without permission, or obstructing justice—the court can immediately revoke the Letter of Safe Conduct. Upon revocation, the protections cease, and arrest or detention proceedings may resume. Additionally, if a security deposit or financial surety was set as a condition, the court may forfeit this amount as a sanction.

Can the Letter be issued if there is an ongoing extradition request or an active European Arrest Warrant?

No. A Letter of Safe Conduct cannot coexist with an active extradition request or European Arrest Warrant. If a person is subject to extradition, that procedure takes priority. However, in some situations, the extradition request may be withdrawn and substituted with a Letter of Safe Conduct if all parties agree and legal conditions permit. This is typically to facilitate court participation without detention.

Are there any financial guarantees or other costs related to obtaining the Letter?

Generally, issuing the Letter does not require a direct court fee, but the court may impose financial security measures to guarantee compliance. These may include cash deposits or sureties posted by the defendant or third parties. The required amount depends on the case specifics, such as the perceived flight risk and nature of the charges. Failure to comply with obligations may result in the loss of the security posted.

How does the Letter of Safe Conduct benefit defendants living abroad?

This letter is a crucial legal tool allowing suspects or defendants who live outside Poland to maintain their freedom of movement while actively participating in their defense. Without it, entering Poland could result in arrest and detention, complicating their ability to collaborate with lawyers and attend proceedings. The Letter facilitates a fair trial environment by balancing judicial control with individual liberty.

What practical advice should Letter holders follow when traveling to Poland?

  • Always carry an official copy of the Letter of Safe Conduct when entering and traveling in Poland to prove legal protection if questioned by authorities.
  • Inform the court or prosecutor in advance about planned arrivals and departures related to hearings or legal obligations.
  • Strictly attend all court summons and procedural appointments punctually.
  • Never breach any conditions such as leaving the designated place of residence without prior court approval.
  • Maintain contact with legal counsel to stay informed about case developments and procedural requirements.