Money Laundering in Poland

About

Money laundering refers to any activity aimed at bringing money or other property obtained from illicit sources or used to finance illegal activities into legal circulation. The charge of money laundering is often associated with classic organized crime groups, such as narcotics, but often applies to other organized criminal activities, including economic and fiscal crime, smuggle, drug trafficking, terrorist financing and suspicious money transfer. Technological advances in the financial system have led to the fact that money laundering often involves a chain of complex financial and economic operations.

In Poland, money laundering is a crime punishable by imprisonment for up to 8 years, and up to 10 years if the perpetrator acts in concert with others (Article 299 of the Polish Criminal Code). Polish legislation in the case of a conviction for money laundering also provides for the possibility of an aggravated fine of up to PLN 6,000,000 (EUR 1,500,000)  (Articles 309 and 33 of the Polish Criminal Code). A conviction for the crime of money laundering also automatically triggers a ban on serving as a member of a company’s management board, supervisory board, audit committee or liquidator. In addition, for any act related to professional or business activity, the court may impose:

  •   a ban on holding a specific position
  •   a ban on practicing a specific profession or
  •   a ban on conducting a specific business activity.

As part of the fight against money laundering, the Polish legislator has provided for the possibility of avoiding punishment (a non-punishment clause) for a perpetrator who has voluntarily disclosed information to Financial Intelligence Unit or another law enforcement agency on the persons involved in committing the crime and the circumstances of its commission, provided that this has prevented the commission of another crime. The court will also apply extraordinary mitigation of punishment if the offender made efforts to disclose such information and circumstances.

How to combat money laundering

Due to the growing scale of this phenomenon, both under European and Polish law, there are a number of legal regulations aimed at combating this kind of procedure – these are the laws commonly referred to as AML (Anti-Money Laundering). The most important legal act in Poland imposing numerous obligations on the so-called obliged entities are the provisions of the Act on Combating Money Laundering and the Financing of Terrorism (the so-called AML Act). The central element of the Polish AML system is the General Inspector of Financial Information, supported by the Financial Information Department of the Ministry of Finance.

Anti-money landering. Our offer includes:

  • analysis of client needs and development of relevant policies, internal AML („dirty money”) procedure and other necessary documentation (criminal compliance) for financial institutions;
  • internal audits in the field of money laundering;
  • representation of the client in administrative and court-administrative proceedings for the imposition of penalties for failure to fulfill obligations under the AML Act;
  • legal assistance in the case of blocking of bank accounts under the provisions of the AML Act;
  • conducting training for employees of obligated institutions on obligations under the AML Law;
  • support in ongoing contacts with the General Inspector of Financial Information, supervisory authorities and law enforcement agencies;
  • support in making and updating notifications of beneficial owners to the Central Register of Beneficial Owners;
  • conducting legislative monitoring and reviewing procedures for the need for possible changes in light of amendments;
  • conducting criminal and criminal-economic cases in case of irregularities;
  • full support in protecting the company’s image in a crisis arising from money laundering (we cooperate with reputable PR agencies).

Our offer is addressed to:

  • entrepreneurs, including commercial companies, struggling with AML obligations;
  • persons suspected and accused of money laundering;
  • inspectors and auditors seeking legal expertise;
  • companies whose bank accounts have been blocked;
  • entities undergoing inspection by state authorities and national crime agency.
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Summary:

Money laundering and terrorism financing activity occurs when criminals disguise

their wealth and assets’ illegal origins to avoid suspicion from law enforcement agencies and prevent incriminating evidence. Even if the performer is in one country, it can have serious effects across borders and even globally. Criminals seek to conceal their criminal activities by exploiting the complexity of the global financial system, the differences between national laws, and the speed at which money can cross borders.

Numerous public organizations fight money laundering. One of them is the International Monetary Fund. It has helped shape policies on anti-money laundering (AML) combating the financing of terrorism (CFT) and counter-proliferation financing internationally and within its members’ national frameworks.

Future with expert legal support. Our team is ready to provide you with tailored solutions that ensure compliance, mitigate risks, and safeguard your business reputation. Take the proactive step toward protecting your company today.

Contact us now to schedule a consultation and discover how we can help you stay ahead of challenges while building trust with your partners and investors. Your peace of mind is just one call away—let’s secure your success together!

Any questions?

Paweł Gołębiewski

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

+48 509 211 000

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Maciej Zaborowski

Advocate, Managing Partner

Paweł Gołębiewski

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

FAQ

What is money laundering under Polish law?

Money laundering is the process of disguising the origins of illegally obtained money, making it appear as if it has come from legitimate sources. This involves a series of complex financial transactions and economic activities aimed at concealing the illicit origin of assets derived from crimes such as drug trafficking, racketeering, fraud, corruption, tax evasion, and organized crime. Polish legislation treats money laundering as a serious criminal offense because it enables criminals to benefit from illegal activities, thereby undermining the integrity and stability of the financial and economic systems.

What are the typical stages of money laundering?

  • Placement: Inserting unlawful funds into the financial system, e.g., depositing cash into banks.
  • Layering: Executing complex transactions to obscure the original source, including transfers between accounts, investments, and shell company use.
  • Integration: Reintegration of “cleaned” money into the economy, making it difficult to distinguish from legally obtained wealth.

What penalties does Polish law impose for money laundering?

Those convicted of money laundering face serious consequences, including:

  • Imprisonment up to 8 years for basic offenses.
  • Increased imprisonment terms up to 10 years if committed jointly with others or in an organized group.
  • Significant fines, including aggravated monetary penalties reaching up to approximately PLN 6 million (EUR 1.5 million).
  • Forfeiture or confiscation of assets and property linked to criminal proceeds.
  • Automatic disqualification from holding executive or supervisory positions within corporations or entities (e.g., management board, audit committees).
  • Additional occupational prohibitions preventing engagement in specific businesses or professions.

What laws and regulations govern anti-money laundering (AML) efforts in Poland?

Poland’s AML framework is based on:

  • The Polish Penal Code, especially Articles 299, 309, and 33, which define and penalize money laundering offenses.
  • The Act on Counteracting Money Laundering and Financing of Terrorism (AML Act), which incorporates EU AML directives and sets obligations for financial institutions and other sectors.
  • Regulatory oversight bodies, such as the General Inspector of Financial Information, who monitor compliance and coordinate investigations.
  • Cooperating with various supervisory authorities, including the Financial Supervision Authority (KNF), customs, and tax offices.

Who is obliged to comply with AML regulations?

Entities required to implement AML measures include:

  • Banks and credit institutions.
  • Financial services providers, insurance companies and brokers.
  • Real estate agents, lawyers, auditors, and accountants.
  • Casinos and gambling operators.
  • Virtual asset service providers (VASPs) and cryptocurrency exchanges.
  • Any other persons involved in financial transactions subject to AML laws.

What are the key AML compliance measures companies must implement?

  • Customer Due Diligence (CDD): Identifying and verifying clients, understanding ownership and control structures, and assessing risk factors.
  • Transaction Monitoring: Continuously reviewing and analyzing transactions to detect suspicious or unusual activity.
  • Record Keeping: Maintaining detailed records of customer identification and transaction history for at least five years.
  • Reporting Obligations: Timely filing of Suspicious Transaction Reports (STRs) to the Financial Intelligence Unit (GIIF).
  • Internal Controls: Developing and adopting policies, procedures, and training programs to promote a culture of compliance.
  • Risk Assessment: Conducting periodic risk assessments to identify potential vulnerabilities to money laundering.

What challenges does Poland face in combating money laundering?

  • The increasing complexity and sophistication of laundering techniques, including the use of cryptocurrencies, offshore companies, trade-based laundering, and digital assets.
  • Cross-border nature of money laundering requiring international cooperation and legal assistance treaties.
  • Balancing effective AML enforcement with protection of privacy rights and data security.
  • Ensuring compliance across diverse industries and emerging sectors unaccustomed to AML regulation.
  • Keeping pace with evolving EU regulations and implementing them consistently.

Can individuals or entities avoid punishment under Polish AML laws?

Polish law includes a non-punishment clause for those who voluntarily disclose relevant information or cooperate fully with law enforcement before investigations begin. This encourages transparency and collaboration to dismantle criminal networks. Early and proactive cooperation can lead to reduced penalties or exemption from prosecution, provided full disclosure and effective assistance.

How does criminal compliance strengthen AML efforts?

Criminal compliance programs provide an essential framework to:

  • Identify and manage money laundering risks tailored to the company’s specific operations.
  • Educate employees and management about AML laws, red flags, and reporting procedures.
  • Enforce ethical standards and responsible business conduct.
  • Monitor adherence and detect irregularities before they evolve into criminal cases.
  • Facilitate timely cooperation with regulators and law enforcement, potentially mitigating fines and reputational damage.

How does asset recovery relate to money laundering cases in Poland?

Asset recovery complements AML enforcement. After tracing and prosecuting money laundering crimes, authorities seek to:

  • Freeze, seize, and confiscate assets obtained via illicit funds.
  • Return stolen or laundered assets to victims or the state.
  • Cooperate internationally to identify and recover hidden assets abroad.

Disrupt criminal enterprises by depriving them of financial resources.
This aspect of law demonstrates Poland’s commitment to comprehensive crime control, reducing incentives for money laundering.