Adam Bodnar faults prosecution over safe conduct ruling for Marcin Romanowski
Former justice minister Adam Bodnar argued that prosecutors should have moved to recuse Judge Konrad Mielcarek before the Warsaw District Court granted a safe conduct letter to former deputy minister Marcin Romanowski in the Justice Fund investigation.
Safe conduct ruling in the Justice Fund case
The Warsaw District Court granted a letter of safe conduct to Marcin Romanowski, a Law and Justice lawmaker and former deputy justice minister. Romanowski is a suspect in the investigation concerning the Justice Fund. Under the protective measure, he can participate in proceedings without facing arrest upon returning to Poland. Romanowski sent his petition from Transnistria, a separatist region in Moldova controlled by Russia, following an earlier stay in Hungary. Judge Konrad Mielcarek issued the decision despite formal opposition from prosecutors. The prosecution announced an appeal against the non-final decision.
Bodnar's criticism of the prosecution's strategy
Adam Bodnar, a Civic Coalition senator and former justice minister from 2023 to 2025, criticized the prosecution on TVN24's Fakty po Faktach on 3 October. Bodnar stated that prosecutors erred by not requesting Mielcarek's recusal beforehand. Under a 2021 Criminal Procedure Code provision enacted under Law and Justice, safe conduct in pre-trial proceedings requires a prosecutor's motion or lack of objection. Mielcarek deemed this requirement unconstitutional, noting jurisprudence where prosecutorial objections are not binding. Bodnar noted prosecutors relied too heavily on the statutory wording.
I think the prosecution trusted the wording of this article regarding objections too much. They probably assumed that since an objection exists, the matter was settled, so there was no need to seek recusal.
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- Code of Criminal Procedure amended on safe conduct letters; Judge Konrad Mielcarek promoted to Warsaw District Court
- Judge Konrad Mielcarek appointed as electoral commissioner in Siedlce
- Adam Bodnar criticizes prosecution strategy following Warsaw District Court ruling
Judicial background and social media controversy
The ruling also renewed scrutiny of Mielcarek's career and online activity. Mielcarek advanced to the Warsaw District Court in 2021 through the reconstituted National Council of the Judiciary, whose 15 judicial members the Sejm began electing in 2017. Bodnar noted that Mielcarek accepted promotion during the judiciary dispute and served as an electoral commissioner in Siedlce starting in 2023. Scrutiny also focused on an X account in Mielcarek's name containing critical commentary on Donald Tusk's government and Hungarian government materials. The account became private, and journalists could not confirm its ownership with Mielcarek.
I reviewed the judge's profile quite thoroughly. What surprised me the most was that the judge distributed Viktor Orbán's propaganda materials.
Appeals process and procedural safeguards
Bodnar urged prosecutors to take broader preventative steps in sensitive cases to prevent similar outcomes. The prosecution's upcoming appeal will move the dispute over the safe conduct letter and statutory veto powers to the second-instance court. Bodnar expressed hope that the appellate bench will examine the legal merits thoroughly. Romanowski remains abroad while the appellate process proceeds.
That was, I think, a mistake. In this situation, you need to insure yourself in various ways so that such cases do not arise. Let us hope that after the complaint is filed, the second-instance court will properly examine the case.
