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Amnesty for Polish volunteers fighting in Ukraine: a new bill in Poland

Photo: The Last Bastion.

Recently, an important debate has arisen in Poland regarding an amnesty for Polish citizens who voluntarily joined the Armed Forces of Ukraine to help fight Russian aggression. The Polish government has repeatedly considered amending the legislation that currently punishes such volunteers for participating in the war, but now the situation may change. The Civic Coalition of Poland has proposed a bill that provides for an amnesty for Polish volunteers who took part in military operations in Ukraine, in particular against Russia. This was reported by the Time Ukraine Israel portal, citing the Polish edition of Rzecz Pospolita.

Why do Polish citizens join the Armed Forces?

Today, many Polish citizens are volunteering to fight in Ukraine, especially as part of the Legion of International Territorial Defence of Ukraine. However, according to Polish law, such participation without the prior consent of the relevant authorities is illegal. Although there is no data on the exact number of volunteers, it is estimated to be several dozen. It is known that the largest recruitment of Polish citizens into the Ukrainian army took place at the beginning of the war in 2022, when many of them, including Ukrainians with Polish citizenship, went to the front.

Legislative changes: amnesty or individual assessment?

Poles who join foreign military formations without the prior consent of the competent authorities may be punished by imprisonment for up to five years, according to Article 141 of the Polish Criminal Code. However, according to MP Paweł Suski, the author of the amnesty bill, “the geopolitical situation has changed”, and he is convinced that Poland should adopt a new approach to these volunteers, as their contribution to the fight against the Russian aggressor is extremely important.

Details of the new amnesty bill

The draft law stipulates that Polish citizens who took part in hostilities in Ukraine from 24 February 2022 to 31 December 2026 are eligible for amnesty. It is important to note that this will apply only to persons fighting in the Ukrainian Armed Forces, while participation in mercenary groups or groups supported by the aggressor will continue to be punishable by law. In addition, every volunteer returning from the front will be obliged to report their participation in hostilities to the Polish Ministry of Defence under the threat of criminal liability.

Doubts and alternative suggestions

However, not all politicians support the idea of a broad amnesty. PiS MP Piotr Kaleta questioned whether it was appropriate to grant amnesty to all volunteers without individually checking each case. He suggests that each situation should be considered separately in order to assess the intentions of the citizen and check his or her background.

Possible consequences and approaches in other parties

The same opinion is expressed in the right-wing Confederation party. Michał Wawer, deputy chairman of the party’s club, notes that a comprehensive approach is needed to solve this problem, and that it should not be limited to the participation of Polish citizens in the war with Russia. He also cites other conflicts where the participation of Polish citizens may be appropriate.

Draft law at the stage of public consultations

Despite these controversies, the draft law is currently at the stage of public consultation. The Ministry of Foreign Affairs of Poland has already expressed a positive opinion on the initiative, and now the Ministry of Justice is waiting for a response. After that, the draft law can be adopted and will come into force immediately.

Losses among Polish volunteers

There are Polish citizens among the volunteers who died in the war. According to the Legion of International Territorial Defence, 12 Poles have already been killed since the beginning of the war, which confirms the importance of supporting this initiative at the state level.

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