Safe conduct



automatic translation from Polish

A safe conduct allows you to participate in a criminal case without fear of being arrested. However, it has its limitations

Who and when can apply for a safe conduct?

Only an accused or suspect who is abroad can apply for a safe conduct. He must make a statement that he will appear before the court or to the prosecutor within the time limit provided he is answerable from a free rate.

Where is the application for a safe conduct submitted?

The application must be submitted by correspondence or through a lawyer to the competent District Court.

There is, in principle, no fees for the safe conduct, but the Court may make the issue of a safe conduct subject to a surety (usually a cash deposit). complaint.

What duties and rights does the safe conduct give?

The safe conduct ensures that the accused remains at large until the final completion of the proceedings if the accused:

  1. will appear at the designated date on the summons of the court, and in the preparatory proceedings - also on the call of the prosecutor,
  2. will not be expelled without the permission of the court from the chosen place of stay in the country,
  3. will not induce false testimonies or explanations or otherwise unlawfully attempt to obstruct criminal proceedings.

ATTENTION ! In the event of an unjustified failure of the accused to appear on the call or breach of other conditions of the safe conduct, the competent regional court shall decide on the cancellation of the safe conduct. If the safe conduct is canceled, the deposit will be forfeited.

What should be remembered?

 In addition to compliance with the terms of the safe conduct, there is one more prosaic thing to remember. When crossing the Polish border, you should have a safe conduct with you (i.e. simply a copy of the court order), and it is best to inform the border services in advance about the planned date of your return. Otherwise you can be exposed to unnecessary long-term checks.