Prokuratura Krajowa

Decision on such an important and socially disturbing case should be taken by all the court instances in Poland thus a final appeal, brought by the previous Chief Public Prosecutor Andrzej Seremet, was purposeful regardless of the final ruling of the Supreme Court.

Roman Polański, wanted by the Regional Prosecution Service in Los Angeles, USA, is accused of five crimes with sexual background:

– sexual intercourse with a 13-year-old girl who was unable to give her consent to the act as a result of being given intoxicants such as metakvalon and alcohol.

– oral sex with a 13-year-old child;

– sodomy crime against a 13-year-old girl;

– indecent conduct against a child of less than 14 with intention to cause arousal and sexual desire in the child and in himself;

– sexual intercourse with a minor, not being spouse of the accused.

Roman Polański is also accused of crime against health of a minor consisting of giving her forbidden substances: alcohol and metakvalon that cause relaxation of muscles and slowing down heart action.

Taking into account how drastic the actions of which Roman Polański is accused are, the application of the United States for his extradition required detailed examination in each court instance.

What caused doubts of the Minister of Justice and the Chief Public Prosecutor, and what has been raised in the final appeal, was the fact that Regional Court in Kraków, by rejecting the appeal for extradition in October 2015 decided that the crimes of which Roman Polański was accused are subject to time limitations in Poland, but it did not take into account the these penalty laminations did not apply in the United States of America. This, in line with the extradition agreement between Poland and the USA, give rise to a legal necessity of releasing the accused to the United States.

According to the Minister of Justice and Chief Public Prosecutor, the court also erroneously assumed that Roman Polański suffered the consequences of a possible penalty by spending 42 years in USA prison in 1977, and also through temporary and house arrest in Switzerland in 2009. Custody of Roman Polański in Switzerland was a consequence of his escape abroad to avoid American justice and his avoiding criminal responsibility, and was not a penalty for the crimes of which he was accused.

Regional Court in Kraków also erroneously assumed that in the USA Roman Polański may suffer inhumane and humiliating treatment, pointing to disastrous conditions in American police custodies and insufficient health care. It also assumed that possible extradition of the accused, being in fact the consequences of actions of which he is accused, would infringe on his right to respect private and family life because he would suffer separation from his family.

Rejection of charges against extradition refusal, raised in the final appeal application by the Minister of Justice, Chief Public Prosecutor, constitutes a final decision of the Supreme Court. In line with Polish law, it requires observance.

Dział Prasowy

Prokuratura Krajowa