Corruption

About

Corruption is a crime involving the abuse of entrusted authority or position for financial or personal gain. It ranges from the actions of individuals to complex mechanisms operating at organizational or institutional levels. There are various forms of corruption, from simple bribes to complex corrupt arrangements at the corporate or state level.

Official corruption occurs when the person who is to accept a pecuniary or personal benefit or the promise thereof is an official of a Polish or foreign state (passive official bribery – Article 228 of the Polish Criminal Code and active official bribery – Article 229 of the Polish Criminal Code). Managerial corruption, on the other hand, is when a person who is to accept a benefit or its promise is to influence business activities. Here, too, the crime is both passive managerial bribery (Article 296 § 1 of the Polish Criminal Code) and active managerial bribery (Article 296a § 2 of the Polish Criminal Code).

As part of the fight against corruption, the legislator has provided for the possibility of avoiding punishment (non-punishment clause) for the perpetrator of official bribery (Article 229 § 6 of the Polish Criminal Code) and managerial bribery (Article 296a § 5 of the Polish Criminal Code), who has notified the body established for criminal prosecution of the bribed party’s acceptance of a material benefit or its promise and has disclosed all the relevant circumstances of the crime before the body became aware of it.

The penalties provided by the legislature for corruption are severe, in most cases the legislation provides for imprisonment in such cases. Managerial corruption involving property worth more than PLN 5,000,000 (EUR 1,250,000) is a felony: the perpetrator of such a crime may be punished by 3 to 20 years’ imprisonment, and in the case of property worth more than PLN 10,000,000 (EUR 2,500,000) – from 5 even to 25 years’ imprisonment. A conviction for bribery in an executive position automatically triggers a ban on serving as a member of a company’s board of directors, supervisory board, audit committee or liquidator. Poland has a Central Anti-Corruption Bureau (CBA), which is a special service established to combat official and managerial corruption.

KKZ Law Firm within this service segment offers:

comprehensive training of managers and officials;
creation of a system of compliance procedures and internal codes;
internal audits;
representation in crisis situations (searches, interrogations, arrests, presentation of charges, detention on remand);
representation before law enforcement agencies, including the prosecutor’s office, police, CBA, and before the courts;
acting as defense counsel for suspects or defendants;
development of a litigation and communication strategy;
assistance in obtaining support from relevant organizations and institutions;
full support in protecting the company’s image, including cooperation with reputable PR agencies.

Our offer is addressed to:

representatives of state and local government authorities;
managerial staff;
entities harmed by corruption crimes;
persons accused of corruption;
companies struggling with an image crisis on the background of corruption.

Understanding corruption

Perception of corruption: Corruption is a form of dishonesty or can be undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one’s personal gain. Corruption can involve politicians, government officials, public servants, business people or members of the public.

Corruption takes place anywhere: in business, government, the courts, the media, and in civil society, as well as across all sectors, corruption in higher education, corruption of the judiciary, corruption in the health sector. It would undermine the rule of law and weakens governmental mechanisms.

How to measure corruption

Given the scale, we can identify different levels of public sector corruption:

Petty corruption – occurs at a smaller scale and takes place
Grand corruption – occurs at the highest levels of government
Systemic corruption – is a result of the weaknesses of an organization or processes adopted in the country. It encompasses different different forms of government corruption.
Political / governmental corruption – it occurs in many forms such as bribery, lobbying, extortion, cronyism, nepotism, parochialism, patronage, influence peddling (high levels of corruption).

Causes of corruption

Factors which encourage corruption include :

discretionary powers
conflicting incentives
lack of transparency
law pay
low economic development
political and economic instability
lack of anti-corruption mechanisms.

How to fight corruption

There are many forms and ways to measure corruption both across and within countries. The process of moving from a high-corruption to a low-corruption society is long, but the first step is always transparency. Anti-corruption interventions need to be flexible, politically responsive ,and designed with potential backlash in mind.

Corruption in different countries is tackled by government institutions and agencies whose task is to stop corruption. There are also international institutions which have developed knowledge on how to lower corruption. The most well-known is Transparency International (transparency.org) which collects data on crime and corruption and publishes policy research working paper as well as teaches the best practices on how governments should take action against corruption.

Combat Corruption with Expert Legal Support

Corruption undermines trust, disrupts businesses, and erodes public confidence in institutions. Tackling this pervasive issue requires not only awareness but also a strategic and legal approach tailored to the complexities of each case. Our law firm provides comprehensive services to address corruption at every level—whether you are a victim seeking justice, an organization aiming to strengthen compliance, or an individual facing allegations.

We offer expert representation, internal audits, training programs, and strategic advice to help navigate legal challenges and protect your reputation. By collaborating with law enforcement and utilizing proven strategies, we ensure that your rights and interests are safeguarded.

Take a proactive stance against corruption. Contact us today to access professional legal guidance and comprehensive support designed to meet your specific needs. Together, we can work toward transparency, accountability, and justice.

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