Warsaw prosecutor appeals acquittal of Polish soldier who fired 12 shots at Belarus border

The border incident

On 25 March 2024, near the village of Dubicze Cerkiewne on Poland's eastern border with Belarus, a group of migrants forced their way through the steel barrier using a car jack and carried ladders intended for the concertina wire behind it. Soldier Karol S., then 25, responded by firing 12 shots from his service weapon. He later stated that he aimed in a safe direction and pleaded not guilty to charges of exceeding his authority and endangering lives.

The prosecutor's indictment said that Border Guard officers, other soldiers, and the migrants were all in the area when the shots were fired. Those officers and soldiers, formally listed as the injured parties, told the court they had felt no threat and did not seek prosecution.

The acquittal

At the end of May 2026, the Military Garrison Court in Lublin acquitted Karol S. of both charges. Judge Radosław Hunek ruled that the soldier had not violated any of his powers.

“The soldier carried out his task in accordance with his duties.”

The judge pointed to the constitutional and statutory duty of every soldier to defend the nation's borders, citing Article 11 of the homeland defence act, which permits the armed forces to use direct coercion, firearms and other weaponry in a manner proportionate to the threat. The court also noted that while soldiers deployed to the border gain the powers of a Border Guard officer (such as document checks and baggage searches), this does not strip them of their own rights regarding the use of weapons. Judge Hunek stressed that the shots had not been aimed at any person.

The appeal

On 26 July 2026, the Warsaw District Prosecutor's Office announced it had filed an appeal against the non-final verdict. The appeal has been accepted and forwarded to the Warsaw Military District Court for review.

“The appeal was accepted and forwarded to the Warsaw Military District Court for consideration.”

Defence attorney Edyta Skwira described the prosecution's move as an argument with the court's findings rather than new evidence.

“The appeal is the prosecutor's office polemic with the court's findings and verdict. We are waiting for the trial date.”

No date has yet been set for the appeal hearing. The case draws fresh attention to the legal framework governing soldiers' use of force during the persistent migratory pressure on Poland's eastern frontier.