The territory Court in Warsaw again refused to grant an iron letter to erstwhile president of the Government strategical Reserve Agency (RARS), Michał K. This decision is very emotional, as the suspect, presently in the UK, faces allegations of participation in an organized crime group and overpowering powers.
Accusations against Michael K.
Michał K., who was the president of RARS, is suspected of serious irregularities in the functioning of the institution. The D.A. issued a resolution to him about seeking a BOLO on August 26, 2024. In addition, the European Arrest Warrant (ENA) was issued behind Michał K., which means that the law enforcement authorities of another countries are obliged to detain and transfer it to the Polish authorities.
The erstwhile RARS chief was detained in September 2024 in London and has since remained in custody pending extradition hearing.
What is an iron letter?
The iron letter is simply a peculiar paper issued by the court, which guarantees the fishy to stay free until the final conclusion of the criminal proceedings. In return, the suspect undertakes to participate in a free-foot trial. In Poland, the issue of specified a paper depends on the prosecutor's consent or deficiency of opposition. It is precisely the deficiency of approval of the prosecution that is simply a key problem in the case of Michał K.
District Court Decision
The first request for an iron letter for Michał K. was examined on 1 October 2024. It was then that the decision was refused, as the prosecutor objected. The defender of Michał K., met. Luka Szaranovich, disagreed with this position and challenged the decision. The Court of Appeal in Warsaw on 9 December repealed the judgement and referred the case to review by the Court of First Instance.
During the further examination of the case, the territory Court again refused to issue an iron letter, arguing its decision without grounds for waiving the statutory requirements.
Defendant announces appeal
The suspect's lawyer points out that the decision of the court is incompatible with his assessment of the legal situation. "We do not share the view that there is simply a negative premise. We will appeal to the Court of Appeal in Warsaw" - announced the lawyer in a conversation with the media, quoted by RMF24.
Impact of legislative changes
The changes made 3 years ago to the rules on ferrous letters made it hard to issue them. Current regulations require the prosecutor to consent to specified a paper or at least not object. In the case of Michał K. the deficiency of approval of the prosecutor's office constitutes a major obstacle to obtaining an iron letter.
What next about Michael K?
The situation of Michał K. remains tense. The extradition proceeding in the UK and subsequent appeals in Poland may inactive affect the course of the case. However, for the moment, the deficiency of an iron letter means that the erstwhile RARS president can go to Poland by way of extradition and face Polish justice under arrest conditions.
This case shows the importance of changes in legal regulations and their explanation by courts and prosecutors. Can Michael K. successfully defend himself against charges? The answer to that question will come in months.
Read more:
Michał K. without an iron letter – The Warsaw territory Court does not accept the suspect's request
