Organaized Crime in Poland

About

Organized crime is a concept in common parlance associated primarily with drug or criminal crime and is colloquially reduced to the popular word “mafia.” Meanwhile, activities unrelated to criminal nature, including strictly economic activities, are often considered by Polish law enforcement agencies as an organized criminal group or association aimed at committing a crime or fiscal crime.

As a rule, a criminal group or association is considered to be a group of at least three members, among whom there must be a specific division of roles and tasks and an internal structure. It must be headed by at least one leader. The purpose of the existence of the group or association must be aimed at committing a crime. The condition for such a charge does not have to be the commission of a crime, but the mere acceptance of the group’s or association’s choice of a criminal goal in the form of breaking criminal laws. The difference between a criminal group and a criminal association lies mainly in the criterion of the degree of internal organization and the method of admission of members. An association with the purpose of committing a crime or fiscal crime is characterized by greater formalization, internal structuring and permanence.

Organized crime is regulated in Article 258 § 1-4 of the Polish Criminal Code and is punishable by 3 months to 10 years of imprisonment. Stricter liability is provided for activity in a group of an armed or terrorist nature, while directing a group or association of such nature under Polish legislation constitutes a felony, for which the minimum penalty is 3 years’ imprisonment. Under Polish law, the commission of any act within the framework of organized crime will be included in the legal qualification of such an act by supplementing it with Article 65 § 1 of the Polish Criminal Code, and is associated with more severe criminal liability

For years, Poland and the countries of the European Union have been intensifying their activities aimed at combating manifestations of organized crime by increasing budgetary resources for the purchase of means to detect this type of crime, as well as through the tools created for efficient operational activities, an example of which is the European multidisciplinary platform EMPACT. In recent years, the concept of organized crime has been increasingly linked to the concept of economic crime, and consequently it affects some representatives of the business world. In the current legal system in Poland, the mere suspicion of acting as part of an organized criminal group causes significant legal inconveniences in the form of the application of detention on remand or other harsh preventive measures and coercion.

The scope of KKZ’s services related to handling organized crime cases includes:

  • representation in criminal and criminal-economic proceedings concerning organized crime at the preparatory and judicial proceedings stage based on a carefully prepared litigation strategy;
  • cooperation with Polish law enforcement agencies and foreign institutions;
  • representation of clients in the procedure related to the European Arrest Warrant and in extradition proceedings;
  • cases involving a letter of safe conduct;
  • representation in penal enforcement proceedings;
  • legal assistance in revoking and modifying the application of property security and preventive measures, including detention on remand;
  • taking procedural measures aimed at consensual termination of criminal proceedings;
  • representation and protection of crime victims related to organized crime.

Our offer is addressed to:

  • persons suspected or accused of involvement in organized crime;
  • persons applying for a letter of safe conduct;
  • persons against whom an EAW has been issued or extradition proceedings have been initiated;
  • entities harmed by organized crime.
Read more

Defining organized crime

Organized crime is national and international or local group of centralized enterprises run to engage in illegal activity, most commonly for profit. It is generally thought of as a form of illegal business, some criminal organizations are politically motivated. Many criminal organizations rely on fear or terror to achieve their goals or aims as well as to maintain control within the organization. Some forms of organized crime simply exist to cater towards demand of illegal goods in a state or to facilitate trade of goods and services that may have been banned by a state (such as illegal drugs or firearms). Drug traffickers, organized crime syndicates, briberies, smuggle are types of criminal activities.

Transnational crime is criminal acts that has actual or potential effect across national borders and crimes.

Definitions of organized crime by United Nations office on Drugs emphasises that it is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand. United Nations Convention against Transnational Organized Crime adopted by General Assembly resolution 55/25 of 15 November 2000, is the main international instrument in the fight against transnational organized crime and crime activity.

Europol is one of many organizations that fight against organized crime, which involves groups operating in many countries.

Money laundering

Money laundering is the process of illegally concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling by converting it into a legitimate source. It is a crime in many jurisdictions with varying definitions. It is usually a key operation of organized crime.

Take Action Against Organized Crime with Expert Legal Support

Organized crime poses complex challenges that require experienced legal representation to navigate effectively. Whether you are facing accusations, require assistance in extradition or European Arrest Warrant proceedings, or need to protect your business from the far-reaching impacts of criminal networks, our law firm is here to help.

With a deep understanding of organized crime laws and a proven track record in handling such cases, we offer comprehensive support, including defense strategies, representation in court, and assistance in modifying or revoking preventive measures. Our goal is to protect your rights, secure the best possible outcomes, and provide you with peace of mind throughout the legal process.

Don’t leave your defense to chance—contact us today for professional legal assistance tailored to your specific situation. Together, we can tackle the challenges of organized crime and safeguard your future.

Any questions?

Paweł Gołębiewski

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

+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 is organized crime under Polish law?

Organized crime in Poland involves a group of at least three people who cooperate with a common purpose of committing crimes or fiscal offenses. These groups have a certain internal structure, roles, and continuity of membership. They may function as criminal groups or more formal criminal associations, differing in the degree of organization and permanence. The law criminalizes not only participating but also establishing or managing such groups, even if a crime has not yet been committed, but the group aims to break the law.

How is an organized criminal group defined?

An organized criminal group typically:

  • Consists of at least three members
  • Has internal roles and a division of tasks
  • Operates with a certain degree of durability and structured coordination
  • Plans crimes and agrees on criminal objectives

Exhibits sociological and psychological bonds among members
Members knowingly join and submit to the group’s discipline and participate in its activities, even if they play only auxiliary roles.

What are the forms of participation in organized crime?

Participation can take the following forms:

  • Establishing an organized criminal group (creating and structuring the group)
  • Managing or directing the group (exercising control and issuing orders)
  • Being a member or participant without management duties
    The law treats establishing or managing more severely, requiring direct intent, while participation may require possible intent.

What penalties apply for organized crime offenses in Poland?

Penalties vary by type of involvement and severity:

  • Participation in an organized criminal group: imprisonment from 6 months up to 8 years
  • Participation in an armed or terrorist-organized group: imprisonment from 1 to 10 years
  • Establishing or managing an organized criminal group: imprisonment from 2 to 15 years

Establishing or managing a terrorist-organized group: imprisonment from 3 to 20 years
Convictions may also lead to additional consequences such as the inability to convert prison sentences into fines and the application of stricter sentencing rules.

Are there additional repressive measures connected to organized crime convictions?

Yes, Polish courts may impose additional sanctions including:

  • Deprivation of public rights
  • Bans on holding certain public positions or conducting specific business activities
  • Confiscation of property derived from crime
  • Compensation for damage caused by criminal activities
  • Probation conditions and restrictions on movement or contact with certain individuals.

What strategies and tools do Polish authorities use to combat organized crime?

Law enforcement agencies, including the Central Investigation Bureau of Police and the Central Anti-Corruption Bureau, conduct coordinated operations across the country targeting organized crime groups. These include:

  • Large-scale arrests and detentions of group members
  • Seizure of assets and financial investigations
  • Collaboration with foreign agencies and participation in EU frameworks
  • Use of intelligence-led policing and operational platforms like the European Multidisciplinary Platform Against Criminal Threats (EMPACT) to coordinate efforts.

What is the role of EMPACT in fighting organized crime in Poland?

EMPACT is a key EU initiative driving multidisciplinary cooperation against organized and serious crime. Poland participates actively in EMPACT’s structured cycles, sharing intelligence and coordinating operational actions with other EU states to address major threats such as drug trafficking, cybercrime, and migrant smuggling. This approach enables more effective joint responses leveraging EU-wide resources and expertise.

How do Polish courts and prosecutors handle organized crime cases?

Organized crime cases are prosecuted under specific provisions (Articles 258 and 259 of the Polish Penal Code), focusing on dismantling groups rather than isolated offenses. Prosecutors work closely with police and often use preventive measures such as detention on remand. Courts apply enhanced sentencing rules reflecting the serious social harm caused by organized groups and may impose long prison terms alongside ancillary penalties for those convicted.

Who can be affected by organized crime charges?

  • Persons suspected or accused of involvement in organized criminal groups, including leaders and members.
  • Individuals involved in related economic crimes or fiscal offenses linked to such groups.
  • Entities impacted by organized crime activities, including victims and affected businesses.
  • Defendants may seek legal defense and representation throughout the investigations and trials.

How can someone get legal assistance in organized crime cases?

Because of the complexity and severity of organized crime charges, it is essential to seek skilled legal counsel specialized in criminal and economic law. Lawyers can:

  • Represent clients in investigative and judicial phases
  • Assist with European Arrest Warrant and extradition procedures
  • Handle applications for letters of safe conduct
  • Coordinate defense strategies and negotiate preventive measures
  • Support victims seeking justice and compensation.