POLAND Law and Practice Contributed by: Łukasz Klimczyk, Maciej Skrzypek, Beata Danel-Skrzypek and Piotr Klepuszewski, SLK Partners
Not all substances included on the Prohibited List are illegal under criminal law. Their legal status depends on their classification under Polish law. • Legal substances prohibited in sport – Certain anabolic steroids or hormonal medicines may be lawfully prescribed and used for medical purposes but remain prohibited in sport without a Therapeu - tic Use Exemption (TUE). Violations involving such substances give rise to disciplinary rather than criminal liability. • Controlled or narcotic substances – Certain substances on the Prohibited List (eg, cocaine, amphetamines and their derivatives, THC in specified forms or circumstances, and certain opioids) may also fall within the scope of criminal legislation. Possession, supply or trafficking may therefore trigger criminal liability under the Act on A recent high-profile case concerned a canoeing athlete considered a medal contender for the Sum - mer Olympic Games in Paris. The athlete returned an adverse analytical finding shortly before the Games. Following detailed investigation, it was established that the prohibited substance originated from a vet - erinary spray used to treat the athlete’s dog’s paw injuries, recommended by a veterinarian during a training camp. Scientific analysis of the athlete’s hair, the dog’s fur, and expert evidence from both domes - tic and international specialists confirmed inadvertent contamination as the source of exposure. Although experts initially anticipated that a final deci - sion would not be issued before the Olympic Games, the Court of Arbitration for Sport (CAS) ultimately held that the athlete bore no fault and had not been negli - gent in any way. The ruling, issued only hours before final confirmation of participating athletes, allowed the athlete to compete in the Olympic Games. 1.2 Misconduct and Match-Fixing Counteracting Drug Addiction. Noteworthy Anti-Doping Cases Polish law does not provide for a single, standalone statute governing match-fixing or, more broadly, sports integrity violations. Instead, these matters are regulated through a combination of criminal law, sports law and gambling regulations.
While general criminal law provisions address offenc - es such as corruption and fraud, the Act on Sport contains specific criminal provisions aimed at protect - ing the integrity of sport, thereby supplementing the general framework set out in the Polish Criminal Code. The Act on Sport criminalises several forms of con - duct affecting the integrity of sporting competitions. • Sports corruption (match-fixing) – Criminal liability arises where a person accepts, requests, grants or promises a financial or personal benefit in connec - tion with sports competitions organised by a Polish sports federation or an entity acting under its authority. The offence applies where the benefit is linked to dishonest conduct capable of influencing the result or course of the competition. • Use of insider information in betting – It is a criminal offence to participate in betting activi - ties, or to disclose information to third parties involved in such activities, where the offender possesses knowledge that match-fixing conduct has occurred. The purpose of the provision is to prevent insider betting and the commercial exploi - tation of manipulated competitions. • Trading in influence in sport – Criminal liability also covers invoking influence within a Polish sports federation or an authorised entity in order to affect the outcome or course of a competi - tion in exchange for financial or personal benefit. This provision addresses unlawful influence over persons performing official functions within sports structures. Polish sports federations and competition organis - ers play a central role in safeguarding sports integrity. Under the Act on Sport, every Polish sports federation is required to adopt disciplinary regulations specify - ing, in particular, disciplinary offences and types of disciplinary sanctions. Noteworthy Misconduct/Match-Fixing Cases The most significant sports corruption proceedings in Poland have concerned football. These investigations led to numerous criminal convictions for sports offi - cials, referees and players. Although the main wave of cases occurred between 2003 and 2015, their conse - quences continue to shape current compliance stand -
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