Lex Mundi Global Anti-Corruption Compliance Guide |
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Poland |
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(Europe)
Firm
Wardynski & Partners
Contributors
Lukasz Lasek |
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| What is the key anti-bribery and corruption legislation in your jurisdiction? | The key legislation is the Polish Criminal Code ("Criminal Code") which provides for criminal liability for the person accepting a bribe and for the person offering or promising it. Special provisions regulate matters related to liability for official, international and business corruption (Relevant legislation: 228, 229, 230, 230a, 231 § 2 and 296a of the Criminal Code). Polish legislation distinguishes between public and private corruption. No specific legislation targeting anti-bribery or corruption is in place. |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | The key provisions of the Polish Criminal Code have not changed over the past ten years. There were certain changes with regard to the act governing the functioning of the Central Anti-Corruption Bureau ("CBA"). The Central Anti-Corruption Bureau Act has been amended following the Constitutional Tribunal judgments in which Tribunal:
As of January 1, 2022, amendments in the Criminal Code and several other acts came into force with regard to anti-bribery. A new punitive measure was added: “prohibition on holding an office or practicing a profession or work in state and local bodies and institutions, as well as in commercial companies in which the State Treasury or local governmental entity directly or indirectly through other entities holds at least 10% of shares or stock”. This measure must be imposed by a court in case of conviction of a person holding public office for corruption. Additionally, another person sentenced for corruption (e.g. giver of the bribe) can (but does not have to be) punished by ordering the above punitive measure. Also, now the court can (but does not have to) order deprivation of civil rights in the event of a conviction for corruption of the giver or receiver of a bribe. |
| Is a bribe payment to domestic government officials prohibited by the legislation? | Yes. |
| Is a bribe payment to foreign government officials prohibited by the legislation? | Yes. |
| Is requesting or accepting a bribe prohibited by the legislation? | Yes, requesting as well as accepting a bribe is prohibited. |
| Who is subject to the legislation? | Any individual over 17 years old; however, certain types of offenses can only be committed by particular persons-for example, by a public official. |
| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes. Corporate liability is governed by the Polish Act on Liability of Collective Entities for Acts Prohibited Under Penalty. Corporate liability is ineffective in practice. It is predominantly because the attribution of the liability to a corporation is dependent on an earlier conviction of an individual. |
| What is the penalty for individuals violating the law? | This depends on the particular crime, for example:
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| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | The penalty is a “financial penalty” from PLN one thousand to PLN five million but not higher than three percent of revenue in the business year during which a prohibited act is the basis for liability of a collective entity was committed. Also, forfeiture, as well as several other restrictions, can be imposed (for example, a ban on promotion and advertising or ban on the use of subsidies). |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | The liability for criminal misconduct can be attributed to corporate entities if it could be established that they failed to properly select and supervise their employees/coworkers, or that the organization of a company did not prevent a crime from being committed. Hence, a compliance program designed to prevent bribery should be accepted as a defense in the proceedings against the corporate entities. The number of cases brought against corporate entities is, however, limited and therefore the defense, to the best of our knowledge, has not been tested before a court. |
| Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | Not at the moment. |
Lex Mundi Global Anti-Corruption Compliance Guide
The key legislation is the Polish Criminal Code ("Criminal Code") which provides for criminal liability for the person accepting a bribe and for the person offering or promising it. Special provisions regulate matters related to liability for official, international and business corruption (Relevant legislation: 228, 229, 230, 230a, 231 § 2 and 296a of the Criminal Code).
Polish legislation distinguishes between public and private corruption.
No specific legislation targeting anti-bribery or corruption is in place.
The key provisions of the Polish Criminal Code have not changed over the past ten years. There were certain changes with regard to the act governing the functioning of the Central Anti-Corruption Bureau ("CBA"). The Central Anti-Corruption Bureau Act has been amended following the Constitutional Tribunal judgments in which Tribunal:
- has found the definition as incompatible with the constitution, as it was too vague. (June 2009); and
- has found regulations regarding collecting telecommunications data and the use of wiretap as unconstitutional (July 2014).
As of January 1, 2022, amendments in the Criminal Code and several other acts came into force with regard to anti-bribery. A new punitive measure was added: “prohibition on holding an office or practicing a profession or work in state and local bodies and institutions, as well as in commercial companies in which the State Treasury or local governmental entity directly or indirectly through other entities holds at least 10% of shares or stock”. This measure must be imposed by a court in case of conviction of a person holding public office for corruption. Additionally, another person sentenced for corruption (e.g. giver of the bribe) can (but does not have to be) punished by ordering the above punitive measure.
Also, now the court can (but does not have to) order deprivation of civil rights in the event of a conviction for corruption of the giver or receiver of a bribe.
Yes.
Yes.
Yes, requesting as well as accepting a bribe is prohibited.
Any individual over 17 years old; however, certain types of offenses can only be committed by particular persons-for example, by a public official.
Yes. Corporate liability is governed by the Polish Act on Liability of Collective Entities for Acts Prohibited Under Penalty. Corporate liability is ineffective in practice. It is predominantly because the attribution of the liability to a corporation is dependent on an earlier conviction of an individual.
This depends on the particular crime, for example:
- public official acceptance of a bribe or giving a bribe to a public official, six months to eight years of imprisonment;
- if a bribe has a significant value (over PLN 200 thousand), from two to 12 years of imprisonment; and
- in the case of “private corruption”/”managerial corruption”, three months to five years of imprisonment.
The penalty is a “financial penalty” from PLN one thousand to PLN five million but not higher than three percent of revenue in the business year during which a prohibited act is the basis for liability of a collective entity was committed.
Also, forfeiture, as well as several other restrictions, can be imposed (for example, a ban on promotion and advertising or ban on the use of subsidies).
The liability for criminal misconduct can be attributed to corporate entities if it could be established that they failed to properly select and supervise their employees/coworkers, or that the organization of a company did not prevent a crime from being committed. Hence, a compliance program designed to prevent bribery should be accepted as a defense in the proceedings against the corporate entities. The number of cases brought against corporate entities is, however, limited and therefore the defense, to the best of our knowledge, has not been tested before a court.
Not at the moment.