Human Trafficking in Poland: Legal Framework and Victim Protection

Human trafficking in Poland is the recruitment, transport, supply, transfer, harbouring or receipt of a person, using specific statutory methods and for the purpose of exploitation, as defined in Article 115 § 22 of the Polish Criminal Code [1]. Exploitation may include prostitution, pornography, other sexual exploitation, forced labour or services, begging, slavery, other forms of exploitation degrading human dignity, or obtaining cells, tissues or organs contrary to statutory provisions.

This offence is treated as one of the most serious crimes against personal freedom. It may appear in organised crime cases, labour exploitation, cross-border migration, domestic servitude, sexual exploitation, sham employment schemes, or debt bondage. For companies, the risk is not limited to criminal liability of individuals. Human trafficking allegations may affect supply chains, subcontracting models, management liability, public procurement, banking relationships, insurance, and reputation.

Kopeć & Zaborowski (KKZ) advises in criminal, business, labour, compliance and crisis matters where human trafficking Poland risks intersect with corporate activity, immigration issues, employment structures and victim protection obligations.

Legal basis for human trafficking in Poland

The core offence is regulated in Article 189a § 1 of the Polish Criminal Code. A person who commits human trafficking is subject to imprisonment from 3 to 20 years [1]. Preparation for human trafficking is also punishable under Article 189a § 2 of the Criminal Code, with imprisonment from 3 months to 5 years [1].

The statutory definition in Article 115 § 22 is detailed. It covers conduct such as recruitment, transport, transfer, harbouring or receipt of a person. The conduct must be linked to one of the listed methods, including violence, unlawful threat, abduction, deception, misleading a person, exploiting error or inability to properly understand the situation, abuse of dependency, exploitation of a critical situation or helplessness, or giving or accepting a benefit, or its promise, to a person exercising care or supervision over another person [1].

The purpose of exploitation is essential. In practice, this is often the key evidentiary issue. The prosecution must distinguish between poor working conditions, civil disputes, immigration violations and conduct that reaches the threshold of trafficking.

Three exceptions that must not be missed

• Victim consent does not exclude human trafficking if the purpose of exploitation and statutory means are present.
• When the victim is a minor, the act may constitute human trafficking even if the perpetrator did not use the listed means, provided the remaining statutory elements, including the purpose of exploitation, are present.
• Preparation for human trafficking is a separate criminal offence under Article 189a § 2 of the Criminal Code.

These rules are important in both defence and victim representation. A signed employment contract, travel consent, or apparent consent to sex work does not automatically remove criminal risk. At the same time, every allegation still requires proof of the statutory elements and a careful assessment of facts, documents, communications, payments and witness statements.

Human trafficking Poland cases and human smuggling charges

Human trafficking and human smuggling charges are often discussed together, but they are not the same. Human trafficking focuses on exploitation of a person. Smuggling-related offences usually concern illegal border crossing or enabling unlawful stay.

• Article 264 § 3 of the Criminal Code penalises organising illegal crossing of the Polish border [1].
• Article 264a § 1 of the Criminal Code penalises enabling or facilitating another person’s stay in Poland contrary to the law, in order to obtain a financial or personal benefit [1].
• Article 189a concerns exploitation and may apply even if the person entered Poland legally [1].

This distinction matters. A transport provider, employment agency, subcontractor or informal intermediary may face different exposure depending on whether the evidence shows illegal migration assistance, labour exploitation, coercion, deception, debt pressure, confiscation of documents or control over accommodation and wages.

Cases involving foreign nationals should also be assessed under immigration law. The Act on Foreigners provides mechanisms relevant to presumed trafficking victims, including a certificate confirming the presumption that a foreigner is a victim of trafficking and possible temporary residence solutions, subject to statutory conditions [3].

Victim protection and procedural rights

A trafficking victim may have the status of an injured party in criminal proceedings under Article 49 of the Polish Code of Criminal Procedure [2]. This status gives procedural rights, including the right to participate in the case, submit motions for evidence, access files under statutory rules, challenge certain decisions, and seek compensation or redress where legally available.

Victims may also act as an auxiliary prosecutor under Articles 53 and 54 of the Code of Criminal Procedure [2]. This can be important when the victim needs active procedural representation, especially in complex cases involving several perpetrators, companies, foreign evidence, digital evidence, or parallel labour and immigration issues.

Protection may include measures under the Act on Protection and Assistance for the Victim and Witness [4]. Depending on the level of risk, this may involve protection during procedural actions, assistance with safe presence at court, or other measures provided by law. In sensitive cases, procedural planning should reduce the risk of secondary victimisation, repeated questioning and contact with suspects.

Where the case involves sexual exploitation, additional safeguards may apply depending on the victim’s age, the nature of the offence and the procedural situation. Special rules on questioning minors and certain victims of sexual offences are provided in the Code of Criminal Procedure, including Articles 185a, 185b and 185c [2]. Their use depends on the factual and legal classification of the case.

Foreign trafficking victims in Poland

Foreign victims may face additional risks: lack of documents, fear of deportation, debt pressure, dependence on an employer, language barriers, or fear of retaliation against family members. Polish law recognises these risks.

Under Article 170 of the Act on Foreigners, a certificate is issued when there is a presumption that a foreigner is a victim of human trafficking. Under Articles 171 and 172 of the same Act, the certificate legalises stay for 3 months, or for 4 months if the foreigner is a minor [3]. Article 176 of the same Act regulates a temporary residence permit for trafficking victims who meet statutory conditions, including cooperation with competent authorities and breaking contact with persons suspected of trafficking [3].

These instruments require coordination between criminal defence or victim counsel, law enforcement, immigration authorities and support organisations. Timing is important. Statements, applications and cooperation decisions may affect both criminal proceedings and residence status.

Business risk, compliance and internal investigations

Companies may encounter trafficking risk through subcontractors, temporary work agencies, transport providers, cleaning services, construction, agriculture, hospitality, logistics or care services. Red flags include withheld passports, unexplained wage deductions, excessive recruitment fees, workers living under control of supervisors, lack of independent transport, threats connected with immigration status, or inconsistent employment documentation.

From a management perspective, the most damaging mistake is treating early signals as a minor HR issue. A credible allegation may require securing documents, preserving electronic evidence, suspending risky cooperation, interviewing witnesses, notifying authorities where appropriate, and protecting potential victims from retaliation.

Compliance tools should include contractor due diligence, employment documentation audits, whistleblowing channels, AML and anti-corruption controls where payments are suspicious, and training for managers who supervise vulnerable workers. In some cases, a forensic audit may be necessary to establish whether the company was used as a vehicle for exploitation or whether employees acted outside authorised procedures.

Why early legal assessment matters

Human trafficking cases often involve overlapping proceedings: criminal investigation, immigration proceedings, labour inspections, civil claims, media exposure and internal disciplinary action. A premature public statement may harm the company or the victim. A delayed response may destroy evidence or increase criminal and reputational risk.

Legal assessment should separate facts from assumptions. Key questions include who recruited the victim, who controlled documents and accommodation, how wages were paid, whether threats were made, whether the victim could leave, and who benefited financially.

This is informational material, not legal advice. The correct legal assessment depends on the evidence, procedural status and applicable law at the date of the alleged conduct.

If a trafficking case includes sexual exploitation or related sexual offence allegations, it is advisable to consult a criminal lawyer before making procedural decisions. KKZ lawyers can help assess the situation, discuss possible steps and coordinate criminal, immigration and reputation-related aspects of the case.

FAQ: Human Trafficking in Poland

Is human trafficking in Poland limited to sexual exploitation?

No. Sexual exploitation is one form of exploitation, but Article 115 § 22 of the Criminal Code also covers forced labour or services, begging, slavery, exploitation degrading human dignity and obtaining cells, tissues or organs contrary to statutory provisions [1].

Can there be human trafficking if the victim agreed to travel or work?

Yes. Consent does not exclude human trafficking where statutory methods and the purpose of exploitation are present. This is expressly reflected in Article 115 § 22 of the Criminal Code [1].

What is the difference between human trafficking and human smuggling charges?

Human trafficking concerns exploitation. Human smuggling charges usually concern illegal border crossing or facilitating unlawful stay, for example under Articles 264 § 3 or 264a § 1 of the Criminal Code [1].

Can a foreign trafficking victim stay in Poland during the case?

Polish law provides specific mechanisms for presumed foreign trafficking victims. Articles 170-172 of the Act on Foreigners concern a certificate confirming the presumption of victim status and the legality of stay during its validity, and Article 176 concerns a temporary residence permit under statutory conditions [3].

Does a company face risk if exploitation occurred through a subcontractor?

Yes, depending on the facts. Risk may arise if managers ignored red flags, benefited from exploitation, failed to verify labour providers, or allowed unlawful practices to continue. The assessment depends on evidence and the role of specific persons.

What should be done after a trafficking allegation in a business environment?

Evidence should be secured, potential victims protected, retaliation prevented, and legal exposure assessed. Internal interviews, document review and communication with authorities should be planned carefully.

Bibliography

1. [1] Act of 6 June 1997 – Polish Criminal Code, in particular Articles 115 § 22, 189a, 264 and 264a.
2. [2] Act of 6 June 1997 – Polish Code of Criminal Procedure, in particular Articles 49, 53, 54, 185a, 185b and 185c.
3. [3] Act of 12 December 2013 on Foreigners, in particular Articles 170, 171, 172 and 176.
4. [4] Act of 28 November 2014 on Protection and Assistance for the Victim and Witness.
5. [5] Council of Europe Convention on Action against Trafficking in Human Beings, Warsaw, 16 May 2005.
6. [6] Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, as amended by Directive (EU) 2024/1712.
7. [7] Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000.