Corruption in Poland
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.
Case study
OPINION ON OPERATIONS OF SPECIAL SERVICES IN POLAND
OPINION ON OPERATIONS OF SPECIAL SERVICES IN POLANDEXTRADITION OF A RUSSIAN NATIONAL
EXTRADITION OF A RUSSIAN NATIONALINTERDISCIPLINARY ADVISORY SERVICES FOR AN INTERNATIONAL INVESTMENT FUND
INTERDISCIPLINARY ADVISORY SERVICES FOR AN INTERNATIONAL INVESTMENT FUNDHow can
we help you?
the experts
FAQ
What is corruption under Polish law?
Corruption is defined as the abuse or misuse of entrusted power for personal or financial gain. Under Polish criminal law, corruption manifests through giving or receiving bribes as well as other illicit benefits aimed at influencing the performance or omission of official or private duties. It is a serious offense because it undermines the principles of fairness, transparency, and integrity in both public administration and business environments. Corruption can involve various forms such as bribery, trading in influence, nepotism, and embezzlement linked to power abuse.
What are the main types of corruption offenses recognized in Poland?
- Official bribery: This involves public officials accepting or soliciting benefits to perform, omit, or delay official acts inappropriately. The scope covers all levels of government and administration as outlined in Articles 228 and 229 of the Polish Criminal Code.
- Managerial (corporate) bribery: Applies to individuals who hold managerial positions or significant influence in companies or organizations. This type concerns offering, accepting or soliciting undue benefits to secure or influence business decisions or operations, regulated under Articles 296 and 296a of the Penal Code.
Both categories include active corruption (offering or giving bribes) and passive corruption (accepting or soliciting bribes).
What penalties does Polish law impose for corruption?
- Penalties for corruption are stringent and depend on the offense’s seriousness and circumstances.
- For corruption involving amounts exceeding PLN 5 million (approx. EUR 1.25 million), imprisonment ranges from 3 to 20 years. If the sum exceeds PLN 10 million (approx. EUR 2.5 million), penalties escalate to 5 to 25 years.
- Convictions for corruption in executive or managerial roles often lead to automatic disqualifications from holding various corporate positions (boards of directors, supervisory boards, audit committees, among others).
- Additionally, courts may impose fines, asset confiscations, and damages compensation in favor of affected entities or the state.
Are there any circumstances under which a penalty for corruption might be waived?
Yes, Polish law includes a “non-punishment clause” encouraging self-reporting of corruption offenses:
- If the individual who committed bribery reports acceptance of a bribe to authorities and fully discloses critical details before an investigation begins, they may avoid criminal liability.
- This legal incentive supports anti-corruption efforts by encouraging transparency and cooperation, aiming to uncover larger corruption networks.
Which bodies in Poland are responsible for investigating and prosecuting corruption?
- The Central Anti-Corruption Bureau (CBA) is the specialized state agency tasked with investigating corruption, especially in public administration and economic sectors.
- The CBA collaborates closely with prosecutors, police, and judiciary to execute operational actions, conduct inquiries, gather evidence, and prosecute offenders.
- Other law enforcement entities, including regional police and prosecution offices, also investigate corruption under their jurisdiction depending on case specifics.
What legal and compliance services do law firms offer regarding corruption cases?
Law firms skilled in corruption matters typically provide:
- Training and consulting on anti-corruption laws, compliance frameworks, and ethical business conduct tailored to corporate and public sectors.
- Development and implementation of comprehensive compliance programs, internal controls, and codes of conduct to prevent corruption risks.
- Conducting internal audits and investigations to detect suspicious activities and support effective risk management.
- Legal representation and defense in investigations, hearings, and trials related to corruption allegations.
- Crisis management—handling searches, seizures, arrests, and media relations during corruption scandals.
- Liaison with authorities and regulators ensuring procedural compliance and fostering transparent cooperation.
- Engagement of PR firms to manage reputational risks associated with corruption accusations or proceedings.
Who may require corruption-related legal support in Poland?
Support is critical for:
- Public sector officials and institutions striving to prevent and address corruption within government.
- Corporate executives, managers, and business owners exposed to bribery allegations or seeking to establish compliance mechanisms.
- Whistleblowers who report corruption and need legal protection.
- Victims of corruption seeking redress or compensation.
- Companies confronted with reputational threats or regulatory scrutiny from corruption investigations.
How can companies effectively prevent corruption risks?
- Establishing tailored criminal compliance programs integrating risk assessments and clear procedures aligned with Polish and EU regulations.
- Conducting routine employee training and awareness campaigns focusing on ethical conduct and anti-corruption.
- Providing whistleblower protections and confidential reporting systems to encourage disclosure.
- Ensuring rigorous monitoring and auditing of transactions, contracts, and interactions with public officials or business partners.
- Implementing transparent decision-making and approval processes reducing susceptibility to undue influence.
What are the broader consequences of corruption for companies operating in Poland?
Aside from criminal sanctions against individuals, companies implicated in corruption face:
- Loss of reputation impacting customer trust and investor confidence.
- Exclusion from public procurement, bans from regulated markets, or suspension of licenses.
- Reduced business opportunities and partnership dissolutions.
- Increased regulatory scrutiny and ongoing legal costs.
- Negative impacts on employee morale and organizational culture.
How does Polish law specifically address corruption involving executives and company managers?
Corruption committed by company leaders or those in managerial positions is treated with particular seriousness. Beyond criminal prosecution, convicted individuals face:
- Mandatory removal and prohibitions on occupying management or supervisory roles for lengthy periods.
- Enhanced penalties reflecting the trust and responsibility inherent in their positions.
- Corporate governance reforms are often mandated after corruption cases to restore confidence.
- Preventive compliance becomes essential at executive levels to shield the company and ensure regulatory adherence.