Stalking Laws in Poland: Criminal Penalties and Protection

Stalking under Polish law is usually understood as persistent harassment that causes a justified sense of threat, humiliation or torment, or significantly interferes with a person’s privacy. The principal legal basis is Article 190a of the Polish Criminal Code. The provision covers both offline conduct and cyberstalking, including repeated unwanted messages, monitoring online activity, impersonation and the publication of private information. [1]

For businesses, stalking allegations may affect employee safety, management responsibility, workplace continuity and reputation. Cases may arise between former partners, employees, customers, competitors or persons using company communication channels. Early evidence protection and a proportionate response are therefore important.

Stalking law in Poland: Article 190a of the Criminal Code

Article 190a §1 of the Polish Criminal Code criminalises persistent harassment of another person or a person close to them where the conduct results in:

• a justified sense of threat,
• humiliation,
• torment, or
• a significant violation of privacy.

The statutory term is uporczywe nękanie, often translated as persistent harassment. “Persistent” does not mean a fixed number of calls, messages or visits. Courts assess the entire pattern of conduct, including its frequency, duration, content, the offender’s awareness that contact is unwanted, and its impact on the victim.

Article 190a §2 also covers impersonation. This includes using another person’s image, personal data or other identifying information in a way that causes financial or personal harm. In practice, this may involve creating false social-media profiles, sending messages while pretending to be another person, or using someone’s data to make purchases or enter into agreements.

What conduct can amount to persistent harassment?

Stalking can take many forms. The legal assessment depends on facts, context and evidence, rather than on the communication channel alone.

Offline stalking

• Repeatedly following a person to their home, workplace, school or other locations.
• Unwanted visits, waiting near a building or repeatedly appearing at places the person regularly attends.
• Repeated calls, letters, gifts or contact through relatives, colleagues or friends after objections have been expressed.
• Monitoring movements, photographing a person without a legitimate reason or attempting to obtain information about their daily routine.

Cyberstalking in Poland

Cyberstalking may include persistent messages by email, text message or social media, repeated contact through new accounts after blocking, publishing personal data, tracking online activity, accessing accounts without authorisation, or spreading harmful content. Depending on the facts, cyberstalking may also involve other offences, such as unlawful access to information systems under Article 267 of the Criminal Code, criminal threats under Article 190, defamation under Article 212 or insult under Article 216. [1]

Digital evidence is often decisive. Screenshots should show dates, account names and the full context of the exchange. Original messages, URLs, device logs, backups and confirmation of reports submitted to platforms may also be relevant. A screenshot alone can be challenged if its origin or completeness cannot be verified.

Three important limits in stalking cases

First, a single unwanted message, call or unpleasant encounter will not automatically constitute stalking. The conduct must be persistent and assessed as a continuing pattern.

Second, conduct must produce one of the statutory effects: a justified sense of threat, humiliation, torment or a significant violation of privacy. The assessment is not based solely on a victim’s subjective feeling. Authorities examine whether the reaction is objectively justified by the circumstances.

Third, lawful and proportionate contact does not automatically become stalking merely because it is unwanted. For example, necessary communication concerning a child, an employment matter, a contract or litigation may be legitimate. However, a lawful purpose does not justify excessive, intrusive or repeated contact outside what is necessary.

Stalking penalty in Poland

The stalking penalty under Article 190a §1 of the Criminal Code is imprisonment from six months to eight years. The same penalty applies to harmful impersonation under Article 190a §2. [1]

If persistent harassment causes the victim to take their own life, Article 190a §3 provides for imprisonment from two to fifteen years. This is a significantly more serious offence, requiring proof of a causal connection between the harassment and the victim’s death.

Stalking is prosecuted upon the victim’s request, pursuant to Article 190a §4. This means that a report to the police or prosecutor should clearly state that prosecution is requested. Once proceedings begin, the case is conducted by public authorities, but the victim may also act as an auxiliary prosecutor in court proceedings in the circumstances provided by the Code of Criminal Procedure. [1][2]

Protection available to stalking victims

A person facing persistent harassment can report the matter to the police or prosecutor’s office. The report should present events chronologically and identify available evidence, witnesses, communication records and any previous requests to stop contact.

During criminal proceedings, the prosecutor or court may apply preventive measures to reduce the risk of further contact. Depending on the circumstances, these may include police supervision combined with a prohibition on contacting the victim or approaching specified places. The court may also impose a contact ban or restraining order as a penal measure following conviction, under Article 41a of the Criminal Code. [1][2]

Where stalking occurs in a family or household context, additional protection may be available under the Act on Counteracting Domestic Violence, including an immediate police order requiring a violent person to leave a shared residence and prohibiting them from approaching it. The availability of this mechanism depends on the facts and does not replace criminal proceedings for stalking. [3]

Separate civil-law remedies may also be relevant. Articles 23 and 24 of the Civil Code protect personal rights, including privacy, dignity, image and freedom from interference in private life. A civil claim may seek cessation of unlawful conduct, removal of its effects, an apology, damages or an appropriate payment for a social purpose, depending on the case. [4]

How companies should respond to workplace-related stalking

Where allegations involve employees, clients or business premises, the company should avoid informal fact-finding that may compromise evidence or expose the reporting person to further pressure. A proportionate internal response usually includes securing business devices and access logs, limiting unnecessary access to workplace locations, documenting reports and assessing immediate safety measures.

Employers should also consider obligations connected with occupational health and safety, personal-data protection and employee dignity. The appropriate response depends on whether the alleged conduct occurred at work, through company systems, during business travel or outside the employment relationship.

This is informational material, not legal advice. Each stalking allegation requires an assessment of the evidence, the relationship between the parties and the applicable criminal, civil and employment-law measures.

In criminal matters concerning stalking, it may be useful to consult the case and discuss possible steps with a lawyer. Kopeć & Zaborowski (KKZ) assists in assessing criminal-law risks, evidence and available protective measures.

FAQ – Stalking Laws in Poland: Criminal Penalties and Protection

Is stalking a crime in Poland?

Yes. Persistent harassment may constitute an offence under Article 190a §1 of the Polish Criminal Code if it causes a justified sense of threat, humiliation, torment or a significant violation of privacy.

What is the penalty for stalking in Poland?

The basic stalking penalty is imprisonment from six months to eight years. If the conduct causes the victim to take their own life, the penalty increases to two to fifteen years.

Does cyberstalking fall under Polish stalking law?

Yes. Persistent online messages, repeated contact through new accounts, impersonation, publication of private information and other intrusive digital conduct may fall under Article 190a. Other criminal offences may also apply depending on the conduct.

How many messages are needed for conduct to be considered stalking?

Polish law does not specify a minimum number. Authorities assess whether the conduct was persistent and whether it caused the statutory effects required by Article 190a.

Can a victim block the stalker and still report the case?

Yes. Blocking contact is often sensible for safety and privacy. Before doing so, it is advisable to preserve messages, account details, dates, URLs and other available evidence.

Is a stalking case prosecuted automatically?

Generally, no. Article 190a §4 provides that prosecution takes place upon the victim’s request. The request should be clearly included in the report made to the police or prosecutor.

Bibliography

1. Act of 6 June 1997 – Criminal Code, consolidated text: Journal of Laws of 2025, item 383, in particular Articles 190, 190a, 212, 216, 267 and 41a.
2. Act of 6 June 1997 – Code of Criminal Procedure, consolidated text: Journal of Laws of 2025, item 46.
3. Act of 29 July 2005 on Counteracting Domestic Violence, consolidated text: Journal of Laws of 2024, item 1673.
4. Act of 23 April 1964 – Civil Code, consolidated text: Journal of Laws of 2024, item 1061, in particular Articles 23 and 24.