Corporate crimes in Poland

About

Corporate crime, sometimes called white-collar crime, is broadly defined as the criminal actions of corporations or individuals authorized to act on behalf of a legal entity. This group includes executives (members of the board of directors of companies, directors of a division or department, managers of the company’s organizational units) and any employee authorized to act on behalf of a company or corporation.

Examples of corporate crimes include, but are not limited to: fraud, financial malfeasance, corruption, stock market manipulation, environmental crimes, unreliability in keeping company financial records and collusive bidding. The consequence of their occurrence is not only to expose the corporation or company to criminal liability, but also to material and image damage, which as a consequence can permanently affect the inability to continue doing business.

Despite the introduction of systemic changes and the improvement of criminal compliance mechanisms by companies to prevent fraud, the scale of corporate crime is not decreasing. Growing police statistics indicate that possible irregularities are being detected more effectively and on a larger scale. Significantly, the Polish legislator is working on the statutory implementation of the EU’s whistleblower protection directive, under which a group of business entities will be required to create a systemic reporting channel for whistleblowers. This will certainly involve an increase in the detection rate of corporate crime.

The key to running a responsible business is transparency, honesty and consistency in building an ethical work environment. Therefore, understanding the needs of our clients and meeting them, we act not only in crisis situations, but also at every stage of business operations and we support the organization in creating a full system of protection against the occurrence of any fraud and irregularities, i.e. corporate crime. Our activities in this aspect are commonly referred to as criminal compliance.

In the field of corporate crime, including corruption crimes and so-called white-collar crime, our law firm offers:

  • identification of risks of corporate crime and fraud;
  • full implementation of criminal compliance – internal regulations to protect the organization from the occurrence of corporate crimes;
  • training in legal procedures and regulations, aimed at protecting the interests of the company or corporation and preventing the occurrence of fraud and events that expose the organization to damage or liability;
  • conducting inquiries, internal investigations and audits culminating in a final report to prepare the organization for follow-up activities;
  • handling internal reporting channels for whistleblowers;
  • drafting legal opinions to enable corporate decision-making;
  • management of crisis situations related to the identification of a corporate crime, including the preparation of recommendations for action strategies;
  • legal support of criminal proceedings, including drafting of criminal notices and representation before public institutions, offices, law enforcement agencies and courts at any stage of judicial or administrative proceedings;
  • support in matters related to the protection of the company’s reputation based on cooperation with reputable Polish PR agencies.

Our offer is directed to:

  • members of bodies of commercial companies;
  • entrepreneurs exposed to the occurrence of corporate crimes in their structures;
  • whistleblowers;
  • capital groups;
  • individuals operating at the interface between business and public authorities.
Read more

Summary: Corporate criminal liability

Corporate crime (white collar crimes) refers to crimes committed either by a corporation (i.e., a business entity having a separate legal personality from the natural persons that manage its activities), or by individuals acting on behalf of a corporation (company executives) or other business entity. They are committed in order to obtain financial revenue.

Corporate crime – examples (Protect Your Business from Insider Trading Risks

Insider trading and the disclosure of confidential information are crimes that can severely damage an organization’s reputation and financial stability. Our law firm offers comprehensive support to prevent such threats, respond effectively in crisis situations, and defend our clients’ interests at every stage of legal proceedings. With extensive experience in legal consulting and compliance audits, we help companies implement robust mechanisms to safeguard against abuses.

Our team of specialized lawyers provides expert advice to entities exposed to insider trading risks, supports individuals under suspicion or accusation, and represents clients in dealings with supervisory authorities such as the Polish Financial Supervision Authority (KNF). We also deliver training programs to raise awareness and implement practical solutions that minimize the risk of violations.

Don’t let insider trading jeopardize your company’s security. Contact us today and ensure your interests are protected by the leading experts in the field!)

Corporate crimes encompass a wide range of illegal activities committed by corporations or individuals acting on their behalf. These crimes are not limited to large corporations; companies of any size can be involved in such illegal actions. The most common corporate crimes include:

  • Fraud – Deliberate deception to secure unfair or unlawful financial gain, often targeting investors or customers.
  • Embezzlement – Misappropriation of funds entrusted to an employee or corporate officer for personal use.
  • Insider trading – Trading stocks or securities based on confidential, non-public information, providing an unfair market advantage.
  • Money laundering – Concealing the origins of illegally obtained money to make it appear legitimate.
  • Bribery and corruption – Offering or accepting illicit benefits to influence decisions, often involving public officials or business agreements.
  • Cybercrime – Hacking, data breaches, and other illegal activities targeting corporate digital assets.
  • Antitrust violations – Engaging in monopolistic practices, price-fixing, or anti-competitive agreements.

In some jurisdictions, there is also a category of corporate manslaughter, which pertains to a corporation’s responsibility for fatalities caused by gross negligence. However, this concept is not applicable under Polish legislation.

Whistleblowers. Criminality (expanded)

Corporate crimes are often exposed by whistleblowers—individuals who report illegal activities or unethical practices occurring within their organizations. Whistleblowers play a crucial role in uncovering corporate wrongdoing, ranging from financial fraud to environmental violations. They are typically employees but can also include external parties, such as contractors or suppliers, who become aware of corporate misconduct.

The legal framework in many countries protects whistleblowers, ensuring they are not penalized for reporting unlawful activities. This protection includes safeguarding their identity, prohibiting retaliation such as termination, demotion, or harassment, and granting them immunity from criminal liability for their disclosures. Whistleblowers are instrumental in promoting transparency and accountability within organizations, as they help detect and prevent misconduct before it causes widespread harm.

Governments and international bodies encourage the establishment of secure reporting channels and compliance mechanisms to empower whistleblowers and strengthen corporate governance. By fostering a culture of openness and ethical responsibility, organizations can mitigate risks associated with corporate crimes and protect their reputations.

Safeguard Your Business Against Corporate Crimes with Professional Support

Corporate crimes pose significant risks to businesses, including financial losses, reputational damage, and legal liability. Addressing these challenges requires a proactive approach that includes implementing robust compliance systems, conducting thorough internal investigations, and fostering an ethical workplace culture. Our law firm specializes in helping businesses identify vulnerabilities, establish preventive measures, and respond effectively to corporate crime incidents.

Whether you need assistance with legal compliance, training for staff, managing whistleblower reports, or navigating a crisis, our experienced team is here to provide comprehensive support. Protect your business, strengthen governance, and ensure legal integrity by partnering with us to tackle corporate crime effectively. Contact us today for tailored solutions that safeguard your organization’s success.

Any questions?

Maciej Zaborowski

Advocate, Managing Partner

+48 509 211 000

How can
we help you?

Contact
the experts
Maciej Zaborowski

Maciej Zaborowski

Advocate, Managing Partner

Paweł Gołębiewski

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice

FAQ

What are corporate crimes under Polish law?

Corporate crimes refer to illegal acts committed by corporations or individuals authorized to act on behalf of a corporate entity. These crimes often involve executives, board members, managers, or employees abusing their positions to commit offenses such as fraud, corruption, financial malfeasance, stock market manipulation, environmental violations, or collusive bidding. Corporate crime not only exposes a company to criminal liability but can also cause significant material and reputational damage that may threaten its continued operation.

Who can be held liable for corporate crimes?

Liability for corporate crimes extends to:

  • Members of the board of directors, company executives, and managers
  • Employees and representatives authorized to act on the company’s behalf

Individuals involved in decision-making or executing unlawful acts within the corporate structure
Both natural persons and legal entities can face sanctions depending on the involvement and nature of the crime.

What are common types of corporate crimes in Poland?

Typical forms of corporate crime include:

  • Fraud and financial fraud, including falsification of financial records and misrepresentation
  • Corruption and bribery of public officials or private counterparts
  • Stock market manipulation and insider trading
  • Environmental law violations such as illegal waste disposal or pollution
  • Breach of accounting and reporting duties
  • Illegal practices related to public procurement and contract bidding

What consequences can companies and individuals face for corporate crimes? Penalties may include:

  • Criminal prosecution of individuals with potential imprisonment and fines
  • Significant fines or penalties imposed on corporate entities
  • Bans on operating in certain markets or industries
  • Damage to company reputation affecting business relationships and contracts
  • Possible civil liability for damages caused by criminal acts
  • Ongoing regulatory and law enforcement scrutiny

How does Poland address corporate crime through preventative measures?

  • Risk identification and assessment tailored to organizational activities
  • Implementation of internal policies such as anti-corruption codes and whistleblower protections
  • Regular employee training on legal requirements and ethical standards
  • Internal investigations and audits to detect irregularities early
  • Supporting crisis management to address suspected corporate crimes promptly

What role do whistleblowers play in combating corporate crimes?

Whistleblowers are vital for uncovering corporate misconduct. Polish law is evolving to implement EU whistleblower protection directives, requiring companies to establish secure and confidential reporting channels. Whistleblower protections enhance transparency and allow organizations to address violations swiftly before they escalate.

How do law firms assist companies with corporate crime issues?

Legal experts provide services including:

  • Comprehensive risk assessments and compliance program design
  • Conducting internal audits and investigations
  • Drafting internal regulations and procedures
  • Representing companies and individuals during criminal investigations and court proceedings
  • Managing crisis situations and cooperating with law enforcement
  • Supporting protection of corporate reputation through PR collaboration

Who should consider criminal compliance and legal support related to corporate crimes?

  • Company directors, executives, and management teams responsible for oversight
  • Business owners and entrepreneurs exposed to economic crime risks
  • Compliance officers and internal auditors
  • Whistleblowers seeking secure reporting mechanisms
  • Corporate groups and legal entities needing systemic protection

How does corporate crime impact a company’s operations and reputation?

  • Legal prosecutions can lead to operational disruptions including license suspensions or loss of contracts
  • Financial penalties and legal fees affect profitability
  • Negative publicity harms stakeholder trust and brand value
  • Long-term damage may include difficulties in attracting investors, partners, or skilled employees
  • Companies risk exclusion from public procurement and market participation

What recent developments are shaping the fight against corporate crime in Poland?

  • Increased law enforcement focus on uncovering complex corporate fraud and corruption
  • Implementation of stricter regulations aligned with EU directives, including whistleblower protections
  • Growing use of criminal compliance systems by companies as standard risk management tools
  • Enhanced cooperation between legal, regulatory, and law enforcement authorities
  • Rising awareness of corporate governance principles promoting transparency and accountability