Scams Targeting Foreigners in Poland: Legal Remedies

Scams targeting foreigners in Poland are deceptive acts aimed at obtaining money, data, documents, access to bank accounts or another pecuniary benefit from a non-Polish victim by exploiting language barriers, limited knowledge of local procedures, urgency, isolation or trust.

This may involve tourist fraud, an investment scam, fake accommodation offers, false job recruitment, online marketplace fraud, romance scams, crypto schemes, forged documents, impersonation of officials, or payment redirection fraud. In Polish law, the core criminal provision is usually Article 286 § 1 of the Polish Criminal Code, which penalises fraud committed in order to obtain a pecuniary benefit by misleading another person, exploiting an error or exploiting inability to properly understand the undertaken action, leading to an unfavourable disposal of property [1].

This is informational material, not legal advice. The legal assessment depends on evidence, jurisdiction, the victim’s status, the location of the offender, the payment route and the actual conduct of the parties.

Why foreigners are targeted in Poland

Foreigners may be seen by offenders as easier targets because they may not speak Polish, may not know local reporting procedures, may be in Poland temporarily, or may hesitate to contact the police. Scammers often use pressure: a limited offer, a fake legal threat, an urgent transfer request, or a fabricated emergency.

For business visitors, expatriates and investors, the risk is broader than the loss of money. A scam may expose a company to data leaks, AML concerns, reputational damage, employment disputes, tax issues, or internal control failures. A foreigner scam victim should therefore treat the incident not only as a private loss, but also as a potential legal and compliance event.

Common forms of scams targeting foreigners in Poland

• Tourist fraud – fake apartments, inflated taxi charges, manipulated bills, false travel services, or card payment abuse.
• Investment scam – fake crypto platforms, boiler rooms, false brokers, Ponzi-like structures, or fabricated profits blocked until further payments are made.
• Employment and immigration-related fraud – false job offers, fake work permits, illegal “service fees,” or forged documents.
• Marketplace and rental scams – advance payments for goods or apartments that do not exist.
• Impersonation scams – offenders pretending to be police officers, bank employees, lawyers, public officials or embassy staff.
• Sextortion and blackmail-related scams – threats to publish intimate content or allegations unless money is transferred.

Criminal legal remedies in Poland

The main remedy is a criminal complaint submitted to the Police or the public prosecutor’s office. Under Article 304 § 1 of the Polish Code of Criminal Procedure, any person who learns that an offence prosecuted ex officio has been committed has a social duty to notify the prosecutor or the Police [2]. In practice, a foreign victim may report the matter even if the person is no longer in Poland, although evidence collection is usually easier when documents and digital traces are secured quickly.

A victim of a scam may have the status of an injured party under Article 49 § 1 of the Code of Criminal Procedure [2]. This status matters. It gives procedural rights, including the possibility to submit evidence motions, request certain investigative actions, access case files under statutory conditions, and challenge some negative procedural decisions, including refusal to initiate proceedings or discontinuance under Article 306 of the Code of Criminal Procedure [2].

If the victim does not speak Polish, an interpreter should be involved where procedural actions require it. Article 204 § 1 of the Code of Criminal Procedure provides for the participation of an interpreter when there is a need to question a person who does not have sufficient command of Polish [2]. This is important because inaccurate wording in the first report may later affect the direction of the investigation.

Recovery of money and compensation

Criminal proceedings are not only about punishment. They may also support financial recovery. Article 46 § 1 of the Polish Criminal Code allows the criminal court, in the event of conviction, to order the offender to repair the damage in whole or in part, or to pay compensation for non-pecuniary harm suffered [1].

In some cases, prosecutors may seek asset freezing or security over property. The Code of Criminal Procedure allows property security in criminal proceedings, including for claims connected with compensation and other compensatory measures, where statutory conditions are met [2]. This is often critical in investment scam cases, where money is moved quickly between accounts, wallets and intermediaries.

Civil remedies may also be available. Depending on the facts, claims may be based on tort liability under Article 415 of the Polish Civil Code or unjust enrichment under Article 405 of the Civil Code [3]. Civil proceedings may be useful where the offender is known, assets are identifiable, or there are contractual documents, bank data, invoices or correspondence.

Bank transfers, cards and payment traces

A foreigner scam victim should immediately contact the bank, card issuer or payment provider. The legal consequences differ depending on whether the transaction was unauthorised, manipulated, authorised under deception, or executed incorrectly.

Under the Polish Payment Services Act, rules concerning unauthorised payment transactions include, in particular, Articles 45 and 46 [4]. These provisions are relevant where a payment instrument was misused without proper authorisation. However, if the victim personally authorised a transfer after being deceived, the bank may argue that the transaction was authorised. That does not end the matter, but it changes the legal path: criminal proceedings, tracing funds, complaints to the provider, chargeback mechanisms, and civil claims may become more important.

Card payments may also involve chargeback procedures. Chargeback is usually based on card organisation rules, not directly on the Polish Criminal Code. Deadlines can be short, so delay may reduce practical recovery chances.

Three exceptions that often decide the remedy

1. Exception 1 – a bad deal is not automatically fraud. Polish criminal law usually requires deception, intent to obtain a pecuniary benefit, and an unfavourable disposal of property. A poor investment result or contractual dispute may require civil litigation unless evidence shows criminal intent.
2. Exception 2 – a civil claim does not exclude criminal liability. The existence of an agreement, invoice or signed document does not protect an offender if the document was used as part of deception. Criminal and civil remedies may run in parallel.
3. Exception 3 – leaving Poland does not automatically prevent action. A foreign victim may still communicate with authorities, appoint a lawyer, submit documents and seek updates. Practical problems may arise, but they do not remove victim status or the possibility of reporting a crime.

Evidence that should be secured quickly

Evidence is often more important than the first legal label. In scams targeting foreigners, Poland-based authorities usually need precise, verifiable materials.

• bank confirmations, card statements and transaction IDs;
• wallet addresses, exchange data and screenshots in crypto cases;
• emails, messages, call logs, user profiles and website addresses;
• contracts, invoices, booking confirmations and advertisements;
• passport or ID scans sent to the offender;
• names of witnesses, hotel staff, agents, brokers or intermediaries;
• timeline of events, including dates, amounts and communication channels.

Digital evidence should be preserved in its original form where possible. Screenshots are useful, but metadata, headers, URLs and original files may be more valuable for investigators and forensic analysis.

Role of a Polish criminal lawyer

A lawyer may help classify the conduct, prepare a structured criminal complaint, communicate with the prosecutor, submit evidence motions, monitor procedural deadlines and challenge negative decisions. In cross-border cases, legal coordination may also be required with banks, foreign law firms, compliance departments, crypto exchanges or corporate security teams.

Kopeć & Zaborowski (KKZ) advises in criminal, business and compliance matters, including fraud, white-collar crime, internal investigations and crisis situations. More information about fraud-related legal assistance is available at https://criminallawpoland.com/specialization/scams/. If a foreigner is not only a victim but is also detained, questioned or wrongly suspected, practical information is available at this legal guide for foreigners arrested in Poland.

When the case becomes a business risk

For companies, scams may indicate weak internal controls, insufficient approval procedures, poor vendor verification, or gaps in AML and anti-corruption compliance. A single fraudulent transfer may trigger management questions, insurance notifications, reporting obligations, disciplinary actions or forensic audits.

Where personal data is compromised, the company may also need to assess obligations under data protection rules. Where suspicious transactions appear, AML-regulated entities must consider duties under the Act on Counteracting Money Laundering and Terrorist Financing [5]. The response should be coordinated so that criminal reporting, evidence preservation and business continuity do not conflict.

CTA

If a scam in Poland is connected with blackmail, threats, sexual offences or another sensitive criminal allegation, it is advisable to obtain an early assessment of the situation. A criminal lawyer can help discuss possible steps, protect procedural rights and organise communication with the authorities. Contact details are available at https://criminallawpoland.com/contact/.

FAQ – Scams Targeting Foreigners in Poland: Legal Remedies

Can a foreigner report a scam in Poland?

Yes. A foreigner may report a suspected offence to the Police or prosecutor’s office. Victim status does not depend on Polish citizenship.

Is tourist fraud in Poland a criminal offence?

It can be. If the offender intentionally misled the tourist to obtain money or another pecuniary benefit, Article 286 § 1 of the Criminal Code may apply. Some cases may remain civil or consumer disputes, depending on the facts.

What should an investment scam victim do first?

The victim should secure evidence, contact the bank or payment provider, record the timeline and report the matter. In crypto cases, wallet addresses, exchange data and transaction hashes should be preserved immediately.

Can stolen money be recovered through criminal proceedings?

Sometimes. Recovery depends on tracing funds, identifying the offender, available assets and procedural measures. Article 46 § 1 of the Criminal Code allows the court to order repair of damage after conviction.

Does the Police provide an interpreter?

Where a procedural action requires questioning a person who does not speak Polish sufficiently, Article 204 § 1 of the Code of Criminal Procedure provides for an interpreter.

Can a victim challenge refusal to investigate?

Yes, in situations provided by law. Article 306 of the Code of Criminal Procedure regulates complaints against refusal to initiate proceedings or discontinuance.

Is an authorised bank transfer always lost?

No, but recovery is more difficult. If the victim authorised the transfer after deception, bank refund rules may be limited. Criminal reporting, tracing funds, complaints, chargeback and civil claims should be assessed separately.

Bibliography

1. [1] Act of 6 June 1997 – Criminal Code, Journal of Laws 1997 No. 88, item 553, as amended.
2. [2] Act of 6 June 1997 – Code of Criminal Procedure, Journal of Laws 1997 No. 89, item 555, as amended.
3. [3] Act of 23 April 1964 – Civil Code, Journal of Laws 1964 No. 16, item 93, as amended.
4. [4] Act of 19 August 2011 on Payment Services, Journal of Laws 2011 No. 199, item 1175, as amended.
5. [5] Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing, Journal of Laws 2018, item 723, as amended.
6. [6] Office of Competition and Consumer Protection (UOKiK), official consumer information and guidance, available at: https://uokik.gov.pl/