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Polish border guard acquitted after firing at a group of migrants, judge ruled he was fulfilling his duty to Poland

"The law cannot yield to lawlessness…The soldier was sent to the border to protect its inviolability, and that is what he did."

"The law cannot yield to lawlessness…The soldier was sent to the border to protect its inviolability, and that is what he did."

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A Polish military court has acquitted a former soldier who fired shots toward a group of migrants that had illegally crossed into Poland from Belarus, ruling that prosecutors failed to prove he committed a crime while responding to a border breach.

The ruling, issued Wednesday by a military court in Lublin, clears Karol S., a former private with Poland's 1st Warsaw Armoured Brigade, of charges that he exceeded his authority and endangered the lives of others during a March 2024 incident on the eastern border, according to Notes From Poland.

The case had drawn national attention in Poland after military police detained three soldiers involved in firing warning shots at migrants attempting to force their way across the frontier. According to prosecutors, a group of 10 migrants used a car jack to force apart steel border barriers on March 24, 2024, before entering Poland. The group was reportedly carrying ladders intended to help them cross additional razor-wire obstacles further inside the border zone.

Karol S. was among the soldiers and border guards who responded. Investigators determined that he fired 12 rounds from his service weapon toward a group that included both migrants and Polish officers. The migrants later retreated back toward Belarus while throwing stones and branches at Polish personnel, who responded with tear gas.

The former soldier pleaded not guilty. He told the court that he had shouted, “Polish army, stop, or I'll shoot” before firing warning shots and maintained that his actions did not place anyone in danger.

In delivering the verdict, Judge Lieutenant Colonel Ryszard Hunek said there was no evidence that Karol S. had committed a criminal offense. “It should be clearly stated that every soldier has a constitutional obligation to protect the border of Poland,” Hunek said.

The judge noted that experts were unable to determine the precise direction of the shots, making it impossible to conclude whether anyone's life had been endangered.

“What if [Karol S.] had not started shooting?” Hunek asked. “Instead of 11 [migrants], 35 people would have crossed the border and six officers would have stood against them. The law cannot yield to lawlessness…The soldier was sent to the border to protect its inviolability, and that is what he did.”



The decision is not yet final, as it may still be appealed by prosecutors. Poland has faced sustained pressure along its Belarus border since 2021, when Belarusian authorities were accused of encouraging and facilitating illegal migration attempts into the European Union. In response, Poland expanded border barriers and increased military deployments.


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