Poland publishes consolidated rules on delegating prosecutors and their allowances

Minister Sprawiedliwości has published the consolidated text of the regulation on delegating prosecutors, in an announcement dated 8 September 2026 that appeared in the Dziennik Ustaw of 14 September 2026 under position 1209. The consolidated text brings together the rules on seconding prosecutors to the Prokuratura Krajowa, the Ministerstwo Sprawiedliwości and the Krajowa Szkoła Sądownictwa i Prokuratury, together with the benefits due to prosecutors serving away from their permanent post.

The announcement, signed by Minister W. Żurek, was issued on the basis of Article 16(3) of the Act of 20 July 2000 on the publication of normative acts. It consolidates the regulation of 1 March 2019 (Dz.U. poz. 509) as amended by the regulation of 22 January 2026 (Dz.U. poz. 84), which entered into force on 1 February 2026.

Who decides and where prosecutors are delegated

The regulation, grounded in Article 112 of the Act of 28 January 2016 – Prawo o prokuraturze, sets out the procedure for delegating prosecutors to the three institutions. The Prokurator Generalny or the Prokurator Krajowy delegates a prosecutor to the Prokuratura Krajowa at the request of the director of the competent department or bureau, while delegation to the Ministerstwo Sprawiedliwości and the Krajowa Szkoła is decided by the Prokurator Generalny.

• Delegation to the Prokuratura Krajowa – on the motion of the relevant department or bureau director.
• Delegation to the Ministerstwo Sprawiedliwości and the Krajowa Szkoła – on the motion of the relevant director or the School’s Director.
• The Prokurator Generalny may seek the Prokurator Krajowy’s opinion on the merits of a delegation.

Accommodation and monthly allowances

Prosecutors delegated to a locality other than their permanent post may apply for free accommodation or reimbursement of housing costs. Where free accommodation is not available, the prosecutor chooses the form of reimbursement, which is capped by the place of delegation.

• Reimbursement of actually incurred housing costs: 4,480 zł in Warsaw, 3,360 zł in a voivodeship capital, 2,380 zł elsewhere.
• Monthly flat-rate allowance: 3,780 zł in Warsaw, 2,970 zł in a voivodeship capital, 1,890 zł elsewhere.
• The flat rate is paid in arrears by the 5th day of the following month; other reimbursements are paid within 14 days of the relevant claim.

Travel, daily allowances and exclusions

Travel and commuting costs are reimbursed once a month in arrears within 14 days of submitting the list of journeys, capped at the value of a monthly public-transport ticket when the delegation exceeds one month. Daily allowances are likewise paid monthly in arrears.

Daily allowances are not due in a series of cases, including when the prosecutor receives free full-board meals, during unjustified absence from work, unpaid leave, any leave, hospital stays, or business travel already covered by full daily allowances. They are also excluded for blood donors released to donate blood and for prosecutors raising at least one child under 14 who take leave under Article 188 of the Kodeks pracy.

The consolidated text is a practical reference for prosecutors and the institutions that second them, replacing the need to consult the original 2019 regulation together with its 2026 amendment. It clarifies the amounts and deadlines that govern daily life for delegated prosecutors, from housing allowances in Warsaw to the reimbursement of commuting costs.

Source: Dziennik Ustaw, 14 September 2026, notices, p. 1209 (official reference: Dz.U. 2026 poz. 1209).