In brief
- The Military Garrison Court in Warsaw acquitted Second Lieutenant Adam Ł., charged under Article 354 § 1 of the Criminal Code.
- The incident occurred in November 2023 near the village of Topiło in the Białowieża Forest during a pursuit of a 23-year-old Syrian citizen.
- The prosecution sought conditional discontinuation of proceedings with 2,000 PLN in compensation, while the defense demanded acquittal.
Acquittal two years after the incident
The Military Garrison Court in Warsaw on Wednesday acquitted Second Lieutenant Adam Ł., charged with careless handling of a weapon and unintentionally causing injuries to a migrant at the Polish-Belarusian border. The verdict is not final. The case concerned an incident from November 2023, when the soldier supporting the Border Guard and police shot a Syrian citizen.
The findings regarding the PM-98 Glauberyt rifle proved decisive for the ruling. Judge Lt. Col. Michał Żak said plainly: "The weapon, after the soldier fell, even if properly secured, could have fired on its own." Ballistics expert Zenon Zakrzewski indicated that the rifle could have had construction defects enabling a spontaneous discharge during a fall, even when set to single fire and secured.
The court drew attention to doubts regarding weapon maintenance and ammunition quality. It emphasized that although a soldier is obliged to care for the equipment entrusted to him, he is not responsible for all elements of its maintenance, especially those belonging to the armorer's duties. In the court's assessment, it was also not demonstrated that the defendant violated basic rules of safe weapon handling.
The judge also indicated that the mere fact that during an encounter between an armed soldier and an unarmed person a shot was fired and an injury occurred is not sufficient to assign criminal liability. Information about the acquittal was provided by Deputy Prime Minister and Minister of National Defense Władysław Kosiniak-Kamysz.
Course of events and criminal proceedings
On November 3, 2023, the second lieutenant was supporting the Border Guard and Police in protecting the border with Belarus. Near the village of Topiło, in the southern part of the Białowieża Forest, he set off in pursuit of a 23-year-old Syrian citizen from a group that had illegally crossed the border. He called for him to stop in Polish and English, fired warning shots. Then he ran.
He tripped and fell. The PM-98 Glauberyt rifle fired uncontrollably, and the bullet hit the fleeing man in the back. The soldier immediately administered first aid; the injuries were not life-threatening. The Syrian was taken to hospital with a wound near the lower spine, and later obtained international protection in Poland.
The investigation was conducted by the Military Gendarmerie under the supervision of the prosecutor's office. Investigators had no grounds to detain the soldier. A notification to the prosecutor's office was filed by a lawyer acting on behalf of the injured man. The second lieutenant heard the charge under Article 354 § 1 of the Criminal Code — careless handling of a military weapon, punishable by up to three years' imprisonment — in May 2025. The trial before the garrison court began in September 2025.
The prosecution sought conditional discontinuation with 2,000 PLN in compensation. The injured party's representative demanded 50,000 PLN. The defense did not agree to any conditional resolution and moved for full acquittal. Deputy Prosecutor General Tomasz Janeczek analyzed the case files and pointed to the absence of elements of a crime. The court sided with the defense's position.
Reactions after the verdict and possible appeal
Defense Minister Władysław Kosiniak-Kamysz was the first politician to comment on the verdict. "A second lieutenant of the Polish Army was today acquitted by the Military Garrison Court in Warsaw. No negligence during his service at the border with Belarus was proven," he wrote on X. He added that the soldier had been provided with legal assistance and support from the Military Team for the Protection of Soldiers' Rights from the start. "A soldier who carries out his duties cannot be left alone, even in a difficult situation," emphasized the deputy prime minister.
The representative of the shot Syrian citizen, attorney Piotr Zemła, stated that a decision on a possible appeal will be made after reviewing the written justification of the ruling. The verdict is not final.
Among those present in the courtroom was Aleksander Kowaliński of the National Movement. "The military court has just ACQUITTED a soldier who defended the Polish border against illegal immigrants," he wrote on X, adding "Wall behind the Polish uniform." Law and Justice MP Dariusz Matecki stated briefly: "Bravo! Soldier acquitted. Eternal shame on Żurek and Bodnar!"
Sources
- Bankier.pl: The law stood behind the uniform. Border officer acquitted. "No Polish soldier will be left alone"
- Defence24: Second lieutenant acquitted. The shot at the migrant at the border was an accident
- WP Wiadomości: He shot a migrant at the border. He was acquitted
- Interia Fakty: Soldier shot a migrant at the border. The court issued a verdict
- Rzeczpospolita: He shot a migrant at the border. There is a court decision regarding the Polish soldier
- RMF24: Soldier shot a migrant. There is a verdict from the military court
Article prepared with the help of artificial intelligence based on: Bankier.pl, Defence24, WP Wiadomości, Interia Fakty, Rzeczpospolita, RMF24. Facts checked automatically against these sources. The Wiadomości PRO newsroom is responsible for this publication.
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