Threats and Intimidation in Polish Criminal Law

A criminal threat under Polish law is a threat to commit a criminal offence to the detriment of another person or a person close to them, where the threat gives rise to a justified fear that it will be carried out. The core provision is Article 190 §1 of the Polish Criminal Code. The legal assessment depends not only on the words used, but also on the wider context, the relationship between the parties, prior conduct and the recipient’s reaction.[1]

For businesses, managers and private individuals, allegations involving threats can create immediate legal, reputational and operational consequences. A message sent during a commercial dispute, an employee conflict, a family dispute or a public online exchange may be treated as evidence in criminal proceedings. At the same time, not every hostile statement meets the statutory definition of a criminal threat.

Criminal threats under Article 190 of the Polish Criminal Code

Article 190 §1 provides that a person who threatens another person with committing a criminal offence to their detriment or to the detriment of a person close to them, if the threat causes a justified fear that it will be carried out, is subject to a fine, restriction of liberty or imprisonment for up to three years.[1]

The potential criminal threats penalty is therefore not limited to imprisonment. The court assesses, among other factors, the seriousness of the conduct, the form of communication, previous criminal record, the degree of fear caused and the conduct of the accused after the incident.

For liability under Article 190 §1, the prosecution must generally establish the following elements:

• the statement or conduct communicated a threat of a criminal offence;
• the threatened harm concerned the recipient or a person close to them;
• the threat reached the recipient, directly or indirectly;
• the recipient experienced fear that the threat would be carried out; and
• that fear was justified in the circumstances.

A threat may be expressed verbally, in writing, by text message, email, social media post, recording, gesture or through another person. It does not need to be communicated face to face. Digital evidence is frequently central in cases involving threats criminal law Poland, particularly where messages are deleted, accounts are anonymous or communications take place across multiple platforms.

When does intimidation become an intimidation charge?

The term “intimidation charge” is commonly used in English-language discussions, but Polish law distinguishes between several offences. Article 190 concerns a threat of a criminal offence that creates justified fear. Article 191 §1 concerns using violence or an unlawful threat to compel another person to act, refrain from acting or tolerate something.[1]

This distinction matters. A threat intended to force a contractor to sign a document, withdraw a complaint, resign from employment or transfer assets may be assessed under Article 191 rather than, or in addition to, Article 190. The factual circumstances determine the correct classification.

Polish law defines an “unlawful threat” in Article 115 §12 of the Criminal Code. It includes both a threat referred to in Article 190 and a threat to initiate criminal proceedings or disseminate information damaging to another person’s reputation. However, the latter is not an unlawful threat where its sole purpose is to protect a right infringed by an offence.[1]

Three situations that do not automatically establish criminal liability

Three important limitations should be kept separate from the facts of each individual case.

1. An expression of anger is not automatically a criminal threat. Offensive, emotional or aggressive language may be inappropriate, but Article 190 requires a threat of a criminal offence and justified fear of its execution.
2. A threat to take lawful action is not automatically unlawful. Informing another party about a planned civil claim, employment action or report to competent authorities may be lawful. The content, purpose and method of communication remain relevant.
3. Fear must be justified, not merely declared. The recipient’s subjective reaction is important, but courts also assess whether an objective observer, aware of the circumstances, could consider the threat credible.

These limitations do not mean that a case should be dismissed without analysis. Repeated messages, previous violence, access to the victim, workplace hierarchy, a history of conflict or publication of personal data may substantially change the legal assessment.

Procedure and evidence in criminal threat cases

An offence under Article 190 §1 is prosecuted upon the motion of the injured party. The motion should be made within six months from the date on which the injured party learned who committed the offence.[2] A report to the police or prosecutor should clearly state that the injured party requests prosecution.

Evidence should be secured promptly. Relevant materials may include screenshots with dates and account details, full message threads, call logs, recordings obtained lawfully, witness statements, CCTV footage and medical or psychological documentation where relevant. Businesses should also preserve internal correspondence and access logs, while respecting data protection obligations.

For an accused person, early legal review is equally important. Context may show that quoted messages were incomplete, altered, taken from a longer exchange or related to a legitimate dispute. Deleting messages, influencing witnesses or contacting the alleged victim after being informed of an investigation may create further legal and evidential risks.

Business and employment risks linked to threats

Threat allegations arising in the workplace require a parallel legal and organisational response. An employer may need to protect employees, conduct an internal fact-finding process, secure evidence and assess whether disciplinary measures are justified. A poorly managed response can increase the risk of labour claims, criminal exposure for individuals and reputational damage to the organisation.

In commercial disputes, management should avoid language that could be interpreted as pressure, retaliation or coercion. Formal legal correspondence should distinguish clearly between lawful enforcement of rights and threats designed to force another party’s conduct. Kopeć & Zaborowski (KKZ) advises on criminal defence, internal investigations, crisis management and protection of personal rights in such matters.

This is informational material, not legal advice. The legal classification always depends on the exact wording, evidence and surrounding circumstances.

Where threats are alleged in a criminal matter, including a case connected with sexual offences, it may be useful to consult the case with a lawyer and discuss possible procedural steps. Early assessment can help secure evidence and identify immediate legal risks.

FAQ – Threats and Intimidation in Polish Criminal Law

Is saying “you will regret this” a criminal threat in Poland?

Not necessarily. The statement must communicate a threat of a criminal offence and cause justified fear that it will be carried out. General hostility or an ambiguous warning may not satisfy Article 190 §1.

What is the penalty for criminal threats in Poland?

Article 190 §1 provides for a fine, restriction of liberty or imprisonment for up to three years.[1]

Can a threat sent by SMS or social media lead to criminal proceedings?

Yes. Electronic communications can constitute evidence of a criminal threat. The full conversation, account data, dates and context should be preserved.

Does the threatened act have to be physically possible?

Not in every case. The key issue is whether the recipient had justified fear that the threat would be carried out in the particular circumstances.

Can threatening to report someone to the police be a crime?

It depends on the purpose and circumstances. Article 115 §12 addresses threats of criminal proceedings, while preserving an exception where the sole purpose is to protect a right infringed by an offence.[1]

How long does a victim have to request prosecution?

For Article 190 §1, the motion must be filed within six months from learning who committed the offence.[2]

Bibliography

1. Act of 6 June 1997 – Polish Criminal Code, in particular Articles 115 §12, 190 and 191, ISAP: https://isap.sejm.gov.pl/
2. Act of 6 June 1997 – Polish Code of Criminal Procedure, Article 12 §3, ISAP: https://isap.sejm.gov.pl/