A Polish military court has acquitted an army lieutenant who shot and wounded a Syrian migrant during a patrol near the Belarus border in November 2023, ruling that prosecutors had failed to prove negligent handling of his weapon. The court heard evidence that the firearm could have discharged accidentally when the soldier stumbled in a forest. The judgment, delivered on Wednesday, 21 October 2026, is not yet final.
The Military Garrison Court in Warsaw acquitted Second Lieutenant Adam Ł., who had faced prosecution under a provision of Poland’s Criminal Code concerning negligent handling or use of military weapons resulting in injury.
The ruling brings a significant development in a case that has attracted attention over the responsibilities of soldiers deployed to protect Poland’s eastern border.
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According to TVN24’s report on the judgment, the shooting occurred near the village of Topiło, in the Białowieża Forest region of northeastern Poland.
The injured man, a Syrian citizen who was 22 at the time, required hospital treatment and surgery after being struck by a bullet.
What happened at the Belarus border?
The incident took place on 3 November 2023, when Polish soldiers supporting the Border Guard and police were responding to a group of migrants who had crossed into Poland from Belarus.
The soldiers were operating in forested terrain near Topiło in Podlaskie province.
According to contemporary reporting by the Polish Press Agency (PAP), military investigators initially established that the soldier had fired alarm shots into the air to signal that another patrol was needed.
During the operation, he stumbled, and a shot was discharged in an uncontrolled direction.
The bullet struck the Syrian man in the back.
The military authorities maintained that the shooting was accidental rather than a deliberate attempt to fire at the fleeing migrant.
The injured man was taken to hospital, where doctors operated to remove a bullet lodged near his spine.
In its reporting at the time, RMF FM quoted hospital representatives as saying that the patient had retained sensation in his legs after surgery.
Humanitarian organisation Grupa Granica also reported the injured man’s account. He said he had heard a shout behind him before being struck and had subsequently heard additional gunfire.
The shooting prompted an investigation by Poland’s Military Gendarmerie under prosecutorial supervision.
Court examines whether weapon discharged by itself
A central question during the proceedings was whether the soldier’s actions caused the discharge or whether the weapon could have fired because of its technical characteristics.
The weapon involved was a PM-98 Glauberyt submachine gun.
According to Polska Zbrojna, which published a detailed account of the proceedings, ballistics expert Zenon Zakrzewski identified the possibility that the firearm could discharge during a fall, even if its safety mechanisms had been correctly engaged.
The court also heard evidence about servicing requirements, ammunition quality and the division of responsibility between soldiers and the specialists responsible for maintaining weapons.
Judge Lieutenant Colonel Michał Żak concluded that the evidence did not establish that the officer had handled his weapon negligently.
The court also found that prosecutors had not demonstrated a breach of the fundamental rules governing safe firearm handling.
The judge did not definitively establish that a mechanical defect caused the shooting.
Instead, the court concluded that such a possibility could not be excluded and that the remaining uncertainty prevented criminal responsibility from being established.
The distinction matters: the ruling acquitted the soldier of the criminal charge, but it did not establish one definitive technical explanation for how the shot occurred.
Prosecutors had sought conditional discontinuance
The legal proceedings continued for more than two years after the shooting.
In May 2025, prosecutors charged the lieutenant under Article 354(1) of Poland’s Criminal Code.
The provision covers negligent handling or use of military weapons that unintentionally results in another person’s injury.
It carries a potential penalty of military detention or imprisonment for up to three years, as set out in the published Polish Criminal Code.
Prosecutors did not accuse the lieutenant of deliberately shooting the Syrian man.
Instead, they argued that he had failed to exercise the necessary care when handling his weapon.
In August 2025, the prosecution applied for conditional discontinuance of the proceedings, a legal outcome that would have ended the case without a conventional criminal conviction or sentence.
However, conditional discontinuance is not equivalent to an acquittal. It requires the court to establish that the defendant committed the act, while finding that the circumstances justify ending proceedings without a conviction.
The prosecution also sought a payment of PLN 2,000 to the injured man.
The Syrian man’s legal representative requested PLN 50,000.
The soldier’s defence rejected conditional discontinuance and argued that he should be fully acquitted because the evidence did not prove criminal negligence.
The court ultimately accepted the defence’s position.
These competing requests were described in the PAP account published by Radio Białystok following the verdict.
Defence minister welcomes acquittal
Polish Defence Minister Władysław Kosiniak-Kamysz publicly welcomed the decision on Wednesday.
In a statement on X, the minister said that the lieutenant had been acquitted and that no negligence during his border service had been proven.
He also highlighted the legal assistance and institutional support provided to the soldier by the Defence Ministry.
The minister said that soldiers performing their duties should not be left without support when facing difficult legal circumstances.
The ministry had previously opposed the criminal charges.
In an official statement published on 30 January 2026, the Defence Ministry confirmed that its military personnel rights protection team was helping the officer with his defence.
The ministry also criticised the way the case had initially been handled.
The minister’s comments reflect the government’s position on supporting military personnel during legal proceedings. They do not alter the independent judicial reasoning underlying the acquittal.
Why the case matters for Poland’s border security
Poland has deployed soldiers alongside Border Guard officers and police in response to sustained migration pressure along its border with Belarus.
The area around the Białowieża Forest has been one of the principal locations where migrants have attempted to cross into Polish territory.
Military patrols in the region operate in difficult terrain, often under rapidly changing conditions.
The shooting raised questions about firearm safety, operational procedures and the legal responsibilities of personnel assisting border authorities.
It also brought attention to the consequences for migrants injured during encounters with armed patrols.
The Warsaw court’s decision concerned the criminal liability of one soldier in one specific incident.
It does not amount to a general ruling on the legality of firearm use at the Belarus border or establish immunity from prosecution for soldiers engaged in border protection.
Instead, the court examined whether prosecutors had proved the elements of a specific offence, including negligent handling of the weapon.
In this case, it concluded that they had not.
Verdict remains open to appeal
The acquittal is not yet legally final.
According to Onet’s report on the decision, the 21 October judgment remains subject to the appeals process.
The injured Syrian man’s lawyer, Piotr Zemła, has reportedly indicated that he will decide whether to pursue an appeal after examining the court’s written reasoning.
No completed appeal has been independently confirmed.
For the lieutenant, the judgment represents an acquittal following nearly three years of investigation and legal proceedings.
For the Syrian man, the case concerns a serious injury sustained during an encounter with Polish military personnel.
Whether the verdict becomes final will depend on any subsequent appeal proceedings.
