A Polish soldier has been formally charged by the Warsaw District Prosecutor’s Office over a controversial shooting incident at the country’s eastern border with Belarus in March last year. According to prosecutors, the soldier exceeded his authority by firing twelve live rounds near Dubicze Cerkiewne, directly in the direction of a group comprising Border Guard officers, fellow soldiers, and illegal migrants attempting to cross the border. The shots, prosecutors argue, were not warning shots and posed a serious threat to life and safety, breaching both public and individual interests.
The indictment, filed with the Warsaw Military Garrison Court, claims the soldier violated the strict rules governing the use of firearms, which allow their use only in limited circumstances, such as raising an alarm or calling for help.
The case, which came to light in mid-2024, quickly became a flashpoint in Polish politics, prompting responses from the President and leading to calls from the opposition for the resignation of the Defence Minister—and even the Prime Minister—amid demands for transparency and accountability.
In the wake of the shooting incident near the Belarusian border, MPs from the opposition Law and Justice (PiS) party launched a parliamentary inspection of both the Ministry of National Defence and the Ministry of Justice.
They formally requested information on the number of criminal proceedings linked to events involving the defence of Poland’s eastern frontier since July 2021. Amid the growing political storm, opposition figures demanded the resignation of not only the Defence and Justice Ministers but also the Prime Minister, accusing the government of failing to protect its personnel.
In response to mounting tensions and legal uncertainty, a new law supporting soldiers and officers guarding the border came into force on 31 August 2024. The legislation allows for the independent deployment of military forces—without relying solely on the Interior Ministry’s structures—even in peacetime, and introduces the concept of domestic military operations during peace. It also guarantees legal aid to personnel facing proceedings related to the use of weapons and sets clearer rules on military detentions.
Crucially, the law amended the Polish Criminal Code to exclude criminal liability for actions taken in specific high-risk situations. Under the new provision, soldiers or officers who use firearms or direct force in violation of standard protocols may be exempt from punishment if the action was taken to repel an immediate threat to life, health, or liberty—either their own or that of others. This exemption applies only when the circumstances demanded an urgent and decisive response.
Source: PAP
Photo: @terytorialsi
Tomasz Modrzejewski
