Romanowski with an iron letter. The court has agreed to his return. Prosecutor's Office responds to a complaint

The territory Court in Warsaw took into account the request of Marcin Romanowski to issue an iron letter. This means that the erstwhile Deputy Minister of Justice can return to Poland and answer from a free foot. As long as he's willing to bet on all subpoena and prosecutor's office. The court besides banned him from leaving the country. The decision is not final. The D.A. has already announced he's gonna sue her. Minister of Justice Waldemar Żurek stated that the prosecution would file a complaint and contested the grounds for issuing the letter. The court waived the detention, but only after the decision was finalized, the Warsaw court simultaneously waived the temporary arrest against Romanowski. However, this provision will only apply if the decision on the iron leaf becomes final. Until then, the legal situation of the policy remains unchanged. The defender of Romanowski met. Bartosz Lewandowski convinces that his client wants to come to Poland and appear before the prosecutor. According to him, it is in the interests of the judiciary to issue a letter of iron due to the fact that it will let the fishy to be heard and to proceed his proceedings. The erstwhile Deputy Minister – let us remind you – is suspected in the Justice Fund investigation. The prosecution accuses him of participating in an organized criminal group and irregularities in grant competitions. A BOLO and a European Arrest Warrant were issued earlier. Romanowski was not convicted. Why did the court agree?The court considered that it would be better to make conditions for the return of Romanowski and clarify the case than to proceed to trust on methods that have not yet led to his arrest. justice Anna Ptazek, a spokesperson for the Warsaw territory Court for criminal matters, justified the decision. However, an iron letter means circumstantial obligations. Romanowski must insist on summoning organs, he cannot leave the country without the court's approval and must not impede proceedings. If he breaks those conditions, the protection of the letter could halt working. The D.A. was against the D.A.'s office from the beginning opposed the letter. Investigators raised doubts, among others, about Romanowski's actual whereabouts and judged that his attitude to date did not supply adequate guarantees that he would respect the terms of the letter of iron. Proc. Piotr Wozniak, who led the investigation into the Justice Fund, justified the complaint against that decision, besides pointed out the provision of the Code of Criminal Procedure, which states that "we are dealing here with a prosecutor's opposition binding the court". As RMF24 explains, Article 281, par. 2 of Kpk states that "in the preparatory procedure, an iron letter may be issued at the request of a prosecutor or in the absence of his opposition."In response, justice Anna Ptazek explained that "the application of a provision that makes the issuing of an iron letter subject to the position of prosecutor is contrary to the constitution, with all the provisions of global law." She stressed that, given the rule of balance between the parties to the proceedings, this provision ‘does not bind the court’, which is to settle the case objectively and impartially. Gierty's lawyer: an iron letter is not in the ConstitutionThis justification was commented in his entry on the X lawyer Roman Gierty. As we read, “the Romanowski judgement is somewhat unwise, due to the fact that it encourages all suspects to immediately flee to Transnistria and send requests for an iron letter (...)”. He added: “(...) the court’s ruling on the unconstitutionality of the provisions introduced by Ziobra and Romanowski on the request to get the prosecution’s approval for an iron letter is so weak that there is no iron letter in the Constitution, so how do we regulation on it? Personally, I believe that (...) the ruling (...) will most likely fall with a bang in the Court of Appeal.”.