Bribery and Corruption in Poland: A Practical Legal Overview

How Polish Law Regulates Bribery and Corruption?

In Poland, bribery and corruption are primarily addressed within the criminal law framework, particularly in the Penal Code of June 6, 1997. The law categorizes these offenses into several areas, including:

1.Crimes Against State Institutions and Local Government:

  • Venality (Article 228 of the Penal Code): Public officials accepting or agreeing to accept material or personal benefits in connection with their duties.
  • Bribery (Article 229 of the Penal Code): Offering or accepting a bribe to influence the actions or decisions of a public official.
  • Paid Protection (Articles 230 and 230a of the Penal Code): Acting as an intermediary to influence decisions within state or local government institutions in exchange for benefits.
  • Qualified Type of Abuse of Power (Article 231 § 2 of the Penal Code): Public officials exceeding their authority or failing to fulfill their duties to obtain personal or financial gain.

2.Crimes Against Business Transactions and Property Interests:

  • Qualified Type of Mismanagement (Article 296 § 2 of the Penal Code): Misusing authority in managing property or business affairs, causing significant material damage.
  • Managerial Bribery (Article 296a of the Penal Code): Managers accepting or demanding benefits in exchange for abusing their authority, leading to unfair competition or damage to the entity.
  • Corruption of Creditors (Article 302 § 2-3 of the Penal Code): Creditors acting to the detriment of other creditors in exchange for financial advantages during bankruptcy proceedings.
  • Disrupting Tenders (Article 305 § 1-3 of the Penal Code): Obstructing or unlawfully influencing tender or public procurement procedures.

3. Crimes in Other Categories:

  • Qualified Type of Intellectual Forgery (Article 271 § 3 of the Penal Code): Falsifying documents or records for personal or financial gain.
  • Electoral Corruption (Article 250a of the Penal Code): Offering or accepting benefits to influence electoral outcomes.

Given the focus and objectives of this publication, the analysis centers on the key aspects of bribery and corruption offenses related to official duties and economic activities.

Official Corruption and Bribery in Poland

Venality (Art. 228) and bribery (Art. 229) are central offenses in the realm of official corruption, typically involving public officials who accept or agree to accept material or personal benefits in connection with their duties. 

Venality occurs when these benefits are accepted in exchange for performing or omitting official actions, while bribery involves offering or promising such benefits to influence the official’s decisions. 

Both offering and accepting bribes or benefits to influence decisions within the public sector are serious offenses. 

These crimes carry basic penalties of imprisonment ranging from six months to eight years. However, in cases where the offense involves a violation of law or substantial benefits, the penalties increase significantly, ranging from one to ten years, and in extreme cases involving very high-value benefits, up to 20 years of imprisonment.

Paid protection (Arts. 230 and 230a) involves acting as an intermediary, leveraging actual or perceived influence within government institutions for personal gain. This crime is characterized by the promise or receipt of benefits in exchange for influencing decisions within public institutions. The penalties for paid protection also range from six months to eight years of imprisonment, with potential reductions for cases of lesser severity.

The qualified type of abuse of power (Art. 231 § 2) is another significant crime in this category, where public officials exceed their authority or neglect their duties to obtain personal or financial benefits, often causing harm to public or private interests. This offense is punishable by imprisonment from one to ten years, highlighting its serious nature.

Such crimes must be committed intentionally, either with direct intention (where the perpetrator actively seeks to commit the crime) or eventual intention (where the perpetrator anticipates the possibility of the crime and agrees to it). Under Polish law, the benefits involved can be material, such as financial gain, or personal, such as 

  • receiving a job promotion, 
  • sexual favors,
  • or other non-monetary rewards.

Commercial Corruption and Bribery in Poland: Criminal Risks in Business Operations

Mismanagement (Art. 296 § 2) refers to situations where individuals entrusted with managing property matters or business activities of a natural or legal person, or an organizational unit without legal personality, abuse their powers or fail to fulfill their obligations, resulting in significant material damage. This crime is particularly serious when committed with the intent to obtain financial benefits. The penalties for mismanagement range from six months to eight years of imprisonment. 

Notably, if the perpetrator voluntarily repairs the damage in full before the initiation of criminal proceedings, they may avoid punishment. Mismanagement can be committed by a wide range of individuals, including management staff of commercial companies, non-governmental organizations, universities, public institutions, as well as bankruptcy trustees, receivers, and public officials responsible for managing property.

Managerial bribery (Art. 296a) occurs when a person holding a managerial position in an organizational unit engaged in business activities, or someone in an employment relationship, contract of mandate, or contract for specific work, demands or accepts material or personal benefits, or a promise thereof, in exchange for abusing their authority or failing to fulfill their duties. This offense is particularly concerning when it results in material damage to the entity, constitutes an act of unfair competition, or leads to preferential treatment for a buyer or recipient of goods, services, or other benefits. The crime of managerial bribery is punishable by imprisonment ranging from three months to five years. Both the person offering the bribe and the person accepting it are subject to similar penalties.

Corruption of creditors (Art. 302 § 2-3) typically arises during bankruptcy proceedings, where a creditor either offers or accepts benefits in exchange for acting to the detriment of other creditors. This crime undermines the fairness of bankruptcy processes and is punishable by imprisonment of up to three years.

Disrupting tenders or auctions (Art. 305) involves actions such as obstructing or unlawfully influencing a tender or public procurement procedure to the detriment of the property owner, the institution conducting the process, or the public interest. Basic offenses in this category can result in imprisonment for up to three years. 

However, if the offense involves entering into agreements, providing false information, or concealing important circumstances with the intent to manipulate the outcome for personal or financial gain, the penalties increase, ranging from three months to five years of imprisonment. In more severe cases, where the perpetrator seeks financial or personal gain, the penalty may be as high as eight years of imprisonment.

These crimes in the commercial sector, similar to those in the public sector, generally must be committed intentionally, either with direct intention (actively seeking to commit the crime) or eventual intention (anticipating the possibility of the crime and agreeing to it). The benefits involved in these offenses - whether material or personal - are key motivators, leading to the exploitation of trust and integrity within business and financial operations.

However, mismanagement (Art. 296 § 2) is an exception to this rule, as it can lead to criminal liability even if committed unintentionally. 

This unique aspect of the law has been the subject of significant debate, as it introduces the possibility of penalizing individuals for economic decisions that involve an element of risk - a natural and often necessary part of business activity. The inclusion of unintentional acts under criminal liability reflects the heightened responsibility placed on those in positions of trust, underscoring the importance of careful and prudent management in commercial operations.

Investigation and Prosecution of Corruption Offences in Poland in Poland

In Poland, bribery and corruption crimes are typically prosecuted ex officio, meaning the authorities initiate proceedings without needing a complaint from the victim. 

The prosecutor's office is responsible for conducting or overseeing these investigations.

One exception is the crime of disrupting a tender, which requires a formal complaint from the affected party before the prosecutor can act. If the injured party is the State Treasury or if the tender is publicly funded, this exception does not apply, and the prosecutor can proceed without a complaint.

Bribery and corruption cases are usually tried in district courts. However, more serious cases may be handled by regional courts. Decisions can be appealed to higher courts, and in some instances, a final appeal can be made to the Supreme Court.

Sanctions, Professional Bans, and Long-Term Consequences of Conviction in Poland

If a person abuses their position or profession while committing any of the above crimes, the court may impose additional penalties, such as

  • banning the individual from holding certain positions
  • or practicing specific professions. 

Public officials convicted of crimes like venality, paid protection, managerial bribery, or tender disruption are often barred from holding public office or working in state-related entities, including commercial companies with government participation. This prohibition can last from one to 15 years, and in cases of recidivism, it may be extended up to a lifetime ban.

Additionally, the Polish Commercial Companies Code prohibits individuals convicted of bribery or corruption from performing corporate functions, such as being a member of a management board or supervisory board, for a period of five years. 

However, convicted individuals may apply for early release from this ban within three months of the final judgment, depending on the court’s discretion.

Corporate Liability for Bribery and Corruption in Poland

In Poland, while criminal liability typically targets individuals, corporate entities can also be held accountable if their representatives commit crimes that benefit the organization. This liability is governed by the Act on the Liability of Collective Entities for Acts Prohibited Under Penalty (2002).

Key Penalties for Corporate Entities

  • Fines: Corporations can be fined between PLN 1,000 and PLN 5,000,000, capped at 3% of annual revenue.
  • Property Forfeiture: Courts may seize assets gained through illegal activities.
  • Bans on Public Contracts: Entities can be prohibited from participating in public tenders.
  • Business Restrictions: Specific business activities may be restricted.
  • Dissolution: In severe cases, the entity may be dissolved.

Proceedings against corporations are initiated by the public prosecutor and can occur independently of individual prosecutions. This framework emphasizes the importance of compliance and accountability within corporate operations to prevent involvement in criminal activities.

Conclusion

Bribery and corruption offences under Polish law expose both individuals and organisations to severe criminal, professional, and financial consequences. The broad scope of liability, high penalties, and increasing enforcement activity mean that corruption risks cannot be treated as theoretical or marginal.

For businesses operating in or with Poland, a clear understanding of criminal exposure, compliance obligations, and enforcement practice is essential to mitigating risk and ensuring regulatory resilience.

If you would like to assess your exposure or strengthen your anti-corruption compliance framework, our team is ready to provide tailored legal support. Contact us to discuss how these regulations may affect your organisation.