1. Bribery in the home (private to public)
1.1 The Legal Environment
Bribery of public officials is prohibited under Articles 228-230a of the Polish Penal Code (PC).
1.2 What does bribery mean?
When it comes to public officials, the PC distinguishes between proposing and taking bribes.
Bribery (Article 229 of the PC) is defined as the act of giving or offering to deliver financial or personal benefits to someone who holds a public position (public post holder) in exchange for this position.
Accepting or proposing to accept money or personal benefits in connection with holding a public position is referred to as venality (Article 228 of the PC).
Financial gain is defined as receiving assets or avoiding losses or encumbrances on assets, and so includes both a rise in assets and a decrease in liabilities. Money, security, valuable objects, performances, and property rights are all examples of financial rewards (e.g., a donation, an entry in a will, the forgiveness of a debt and the waiver of enforcement of tax due).
Personal benefit should be viewed as meeting non-financial needs or those in which the intangible benefit is the primary benefit (e.g., recommending someone for a position, promotion, the award of a distinction, or the withdrawal of a negative appraisal contained in the personal files).
1.3 What does it mean to be a public official?
Any public post holder, such as a member of a local government body; a person employed in an organizational unit holding public funds, unless it only performs activities on contract; and any other person whose rights and duties in public activities are specified or recognized by the PC or an international agreement that binds the PC defines “public official” as any person whose rights and duties in public activities are specified or recognized by the PC or an international agreement that binds the PC.
The following people are considered public authorities under the PC (see PC Article 115 Section 13):
The president of Poland’s Republica member of the legislature, a senator, or a councilor a MEP (Member of the European Parliament) is a member of the European Parliament
A notary, a bailiff, a court curator, a receiver, a court supervisor and administrator, a person adjudicating in disciplinary bodies operating in accordance with the PC, a judge, juror, prosecutor, official of a financial investigative authority or authority supervising the financial investigative authority, a notary, a bailiff, a court curator, a receiver, a court supervisor and administrator, a person adjudicating in disciplinary bodies operating in accord
1.4 Bribery’s Consequences
(a) For the Individuals Involved
The PC imposes the same penalties on public officials as it does on individuals who bribe them.
Typical sentences range from six months to eight years in length (in extreme cases, a larger bribe may result in up to 12 years in prison; smaller bribe charges may result in a fine of up to PLN 1.08 million, one year of limited liberty, or two years in prison).
(b) For the business / legal entity (a specific procedure may be initiated following the prosecution of the original perpetrator)
Financial benefits forfeiture or a duty to refund gained advantages
Prohibition of the following activities for up to five years:
promoting the business, its services, and its made or sold commodities
Using grants, subsidies, or any other type of government assistance
Using the assistance of international organizations to which the Republic of Poland belongs
Contracting with the government is a common practice.
Publication of the court’s decision in the news
1.5 Contributions from politics
The Act on Political Parties of June 27, 1997 governs contributions to political parties.
Only Polish residents with a permanent address in Poland are eligible to make financial contributions to political parties. The maximum yearly contribution from a single person cannot exceed the ratio of the minimum monthly salary multiplied by 15.
Legal entities may not make financial contributions to political parties.
Politicians may or may not accept any financial support.
1.6 Hospitality expenses (gifts, travel, meals, and entertainment, among other things) are subject to a limit.
Hospitality expenses are not subject to any quantitative or qualitative restrictions under Polish legislation. The line between a legal present and an illegal bribe is neither clear nor easy to draw, and it must be judged on a case-by-case basis.
However, case law has established some direction to some extent. According to a ruling by the Polish Supreme Court, “offering products that simply symbolically reflect the benefactor’s gratitude and have a monetary value that does not surpass such symbolic level is not a financial benefit.”
In addition, the Act on the Restrictions on Public Officials Conducting Business Activities provides extra information on the subject. According to the act, high-ranking government officials must report any gifts and hospitality received in the Register of Benefits if their value exceeds 50% of the minimum monthly wage (estimated to be PLN 2,000 in 2017).
The Code of Ethics for Civil Servants can be used as a reference to establish the scope of permissible hospitality to some extent. The act establishes the following principles for the provision of hospitality: I civil servants are prohibited from accepting any financial or personal benefit from a person or entity engaged in official proceedings before the civil servant; and (ii) civil servants are prohibited from accepting any financial or personal benefit from a person or entity engaged in official proceedings before the civil servant.
2. Bribery in the home (private to private)
2.1 The Legal Environment
Article 296a of the PC regulates private bribery (managerial bribery).
2.2 What is bribery in the private sector?
Bribery is defined as a demand for, acceptance of, or promise of financial or personal benefits in exchange for abusing the rights granted to a manager or a person employed in any form by a company/entity, or for failing to fulfill an obligation for which he or she is responsible, and which results in possible damage to this entity, an act of unfair competition, or inadmissible preferencing.
2.3 Consequences of private bribery
(a) For the people who are involved
In most cases, sentences range from three months to five years in prison (in smaller cases, a fine up to PLN 1.08 million or restriction of liberty up to one year or imprisonment up to two years; if high damages are incurred, imprisonment from six months to eight years)
(b) For the business/legal entity
A fine of between PLN 1,000 and PLN 5 million, but no more than 3% of income for the fiscal year in which the offense occurred.
Financial advantages forfeiture or obligation to refund received benefits
Prohibition from engaging in the following activities for up to five years:
Using grants, subventions, or any other type of state help to advertise the company, its services, and made or sold items Using aid from international organizations that the Republic of Poland is a member of Entering into contracts with the public sector
The court’s decision will be published in the media.
2.4 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
Private individuals and public authorities are both subject to the same standards when it comes to hospitality. Any presents should be commensurate to the event; otherwise, they could be considered corrupt.
3. Foreign public officials’ corruption
3.1 The Legal Environment
The corruption of foreign officials is not particularly addressed under Polish law. Articles addressing the corruption of public officials in general will be applicable.
3.2 The term “corruption of a public official” is defined as “corruption of a public official.”
The term “corruption of foreign public authorities” is not defined under Polish law. Under the PC, the same rules apply to bribery of public officials.
3.3 Explanation of the term “foreign public official”
The term “foreign public position holder” is not defined under Polish legislation. The definition of “public office holder” may, nevertheless, provide some help in this regard.
3.4 Consequences of foreign public officials’ corruption
(a) For the individuals involved
Bribery follows the same rules as domestic bribery.
Due to the fact that some foreign public officials may enjoy immunity while representing their countries in Poland (e.g., diplomatic immunity), the PC does not apply to illegal acts committed by them unless their nation of origin waives immunity in specific conditions.
b) In the case of a legal entity
The same restrictions apply to foreign bribery as they do to domestic bribery.
3.5 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
Foreign public authorities are subject to the same rules as domestic officials.