What is trespass?
Trespass is the unauthorised entry onto another person’s land or premises, or remaining there after permission has been withdrawn. The term is primarily used in common-law legal systems, where it may describe a civil wrong, a criminal offence, or both, depending on the circumstances and the jurisdiction.
In Poland, there is no single legal institution identical to the common-law concept of trespass. Similar conduct may be assessed under civil law rules protecting ownership and possession, as well as under criminal law provisions. In particular, Article 193 of the Polish Criminal Code concerns the violation of domestic peace. It covers intruding into another person’s home, apartment, premises, room or fenced area, or failing to leave such a place despite the demand of an authorised person.
The legal assessment depends on the type of property, the person’s right to enter, the purpose of the entry and the conduct that took place on the premises. An entry that initially occurred with consent may become unlawful if the consent is clearly revoked and the person refuses to leave.
What does trespass involve?
Trespass may concern residential property, offices, commercial premises, warehouses, construction sites, agricultural land or other areas controlled by an owner, tenant or lawful occupier. It does not necessarily involve theft, damage to property or violence. The unauthorised presence itself may create legal consequences, particularly where the area is private, secured, clearly marked or occupied by another person.
Typical situations include entering a private apartment without the resident’s consent, refusing to leave a shop after being asked to do so, accessing a fenced private area without permission, or entering business premises outside authorised hours. Whether conduct qualifies as a criminal offence or only gives rise to civil claims must be assessed on the facts of the individual case.
It is important to distinguish trespass from burglary. In Poland, there is no separate criminal offence generally called burglary. Theft committed with burglary is criminalised under Article 279 of the Polish Criminal Code and generally involves overcoming security measures protecting access to property in order to commit theft. Trespass may occur without any intention to steal or damage property. Conversely, where property is damaged, threats are made, or violence is used, additional criminal provisions may apply.
In civil matters, unauthorised interference with property may entitle the owner or possessor to seek protection of possession, removal of the interference, restoration of the previous condition or compensation for damage. The available remedies depend on the legal title to the property and the nature of the infringement.
When is legal assistance regarding trespass advisable?
Legal advice may be needed when a person is accused of entering or remaining on private premises without permission. This is particularly relevant where there is a dispute about whether consent was given, who was authorised to grant access, whether the property was properly identified, or whether a request to leave was effectively communicated.
Assistance may also be useful for property owners, tenants and businesses dealing with repeated unauthorised access. In such cases, it may be necessary to assess whether the matter should be reported to the police, addressed through civil proceedings, or resolved by formal correspondence. Businesses may additionally need to review access rules, security procedures and the wording of notices placed on their premises.
For foreign nationals, allegations connected with trespass may have consequences beyond the immediate proceedings, especially if they are linked to other accusations, police intervention or administrative proceedings. The exact implications depend on the nature of the allegation and the person’s legal situation in Poland.
A prompt consultation with a lawyer can help preserve relevant evidence, including monitoring recordings, correspondence, witness accounts and records of requests to leave. Early legal assessment may reduce the risk of procedural errors, escalation of a property dispute, financial loss or unjustified criminal liability.
Legal support in trespass-related matters may include:
- assessment of whether conduct may constitute a violation of domestic peace or another offence;
- representation of a suspect, accused person, injured party, owner or tenant;
- analysis of evidence concerning consent, access rights and demands to leave;
- preparation of notifications, responses and procedural submissions;
- support in civil disputes involving possession, ownership or unauthorised use of property;
- advice for businesses on preventing unauthorised access to premises.
Need legal assistance in a trespass-related matter? Contact us.