POLAND Law and Practice Contributed by: Jaroslaw Kruk, Joanna Bogdanska and Urszula Brzozowska, KW Kruk and Partners Law Firm
1. Fraud Claims 1.1 General Characteristics of Fraud Claims Practice shows that frauds are usually crimes aimed at the unlawful seizure or extortion of funds accumu - lated in bank accounts, most often with the use of electronic banking. The most common type of fraud in Poland is phishing. This term is understood as an adopted method in which a criminal impersonates another person, company or institution in order to extort confidential information, persuade the victim to take specific actions, or extort funds. Another type of fraud is the misappropriation of company property by its employees or members of its management board. There has also been a significant increase in invest - ment fraud, which involves attempts to extort money. Fraudsters are constantly improving the techniques they use to persuade potential victims to make invest - ments, usually offering very high profits with a sup - posedly low risk of losing money. In the Polish legal system, both criminal law and civil law provisions are used to combat fraud. In order to effectively pursue claims for fraud, it is entirely justified to conduct both proceedings (ie, civil and criminal) in principle in parallel, with the mutual use of evidence collected in these proceedings. Criminal proceedings play an important role in this regard, as they provide the opportunity to quickly examine the case and obtain security. In criminal proceedings, it is important that the victim of a crime promptly files a notice of sus - pected crime with the Public Prosecutor’s Office. It is worth noting that some evidence can only be obtained in criminal proceedings – this applies in particular to evidence covered by banking, tax or telecommuni - cations secrecy, which is of particular importance in pursuing the above-mentioned claims. However, one should not forget the importance of civil proceedings, which give the victim of a crime the opportunity to claim damages. 1.2 Causes of Action After Receipt of a Bribe Grounds for Prosecuting the Crime of Bribery In the Polish legal system, bribery is sanctioned by criminal law. The applicable provisions depend on whether the conduct concerns the public sector or the private sector. The bases for punishment for this type of crime are:
• passive bribery: accepting a financial or personal benefit, or a promise thereof, in connection with the performance of a public function; • active bribery: granting or promising to provide a financial or personal benefit to a person perform - ing a public function in connection with the perfor - mance of this function; • paid passive protection: undertaking intermediation in settling a case with reference to influence (eg, in a state or local government institution, national or international organisation), causing another person to believe in the existence of influence, using such a belief or confirming their belief of the existence of influence, in exchange for a financial or personal benefit or a promise of such influence; and • paid active influence: granting or promising to provide a financial or personal benefit in exchange for intermediation in settling a case, consisting in unlawful influence on the decision, act or omission of a person performing a public function, in con - nection with the performance of this function. The above acts are punishable by imprisonment, and in less serious cases also a fine or restriction of liberty. Acceptance of a Bribe by an Agent It is also worth adding that accepting a bribe may cause damage, in which case the employer is liable for damage caused by the employee accepting the bribe. However, such an employer is entitled to a recourse claim against the employee. An employee accepting a bribe may also be subject to disciplinary liability, including termination of the employment contract without notice. 1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts Aiding and Abetting in Criminal Procedure Pursuant to the applicable provisions of Polish crimi - nal law, anyone who facilitates the commission of an offence through their behaviour – in particular by pro - viding a tool or means of transport or by giving advice or information, with the intention of causing another person to commit a prohibited act – is liable for aid - ing and abetting. Moreover, anyone who facilitates the commission of such an offence through their omis - sion, contrary to a specific legal duty to prevent the commission of a prohibited act, is also liable for aiding
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