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(Information as of 1 November 2005)
Date of deposit of instrument of ratification / acceptance or date of accession
The ratification bill, which was approved by the two chambers of Parliament in January 2000, received Presidential approval on 11 July 2000 and was published in the Journal of Laws of 2001, No 23, item 264.
The instrument of ratification was deposited with the OECD Secretary General on 8 September 2000.
Deposit of instrument of ratification/acceptance: 8 September 2000
Entry into force of the Convention: 7 November 2000
Entry into force of implementing legislation: 4 February 2001
Implementing legislation
Act of 9 September 2000 (O.J. 2000 No 93, it. 1027), which entered into force on 4 February 2001 and introduced amendments into the following legal acts:
- Act of 6 June 1997 Penal Code (Journal of Laws of 1997, No 88, item 553, with further amendments),
- Act of 6 June 1997 Code of Penal Procedure (Journal of Laws of 1997, No 89, item 555, with further amendments),
- Act of 16 April 1993 on combating unfair competition (Journal of Laws of 1993, No 47, item 211, with further amendments),
- Act of 10 June 1994 on public procurement (Journal of Laws of 2002, No 72, item 664, with further amendments),
- Act of 29 August 1997 The Law on Banks (Journal of Laws of 2002, No 72, item 665, with further amendments).
The key elements of the implementing act were: the criminalisation of active and passive bribery of foreign public officials, the administrative responsibility of legal persons, the provisions facilitating better mutual legal cooperation and the exclusion of companies having been found to bribe from public procurement contracts.
Act of 28 October 2002 on Liability of Collective Entities for Acts Prohibited under Penalty (OJ 2002 No 197, it. 1661), which entered into force on 28 November 2003 and replaced the provisions on administrative responsibility of legal persons introduced by the Act of 9 September 2000 (mentioned above) and regulates in a comprehensive manner the penal liability of collective entities, including liability for acts of active and passive bribery. It introduces a broad definition of collective entities subject to such liability, which comprises legal persons and organisational entities without legal personality. The Act provides for a number of penal sanctions, beginning with fines and forfeiture of benefits and other, such as ban on promoting or advertising the business activities, products or services, ban on using financial support from public funds and aid provided by international organisations, ban on applying for public procurement contracts; ban on pursuing indicated business activities.
Other relevant laws, regulations or decrees that have an impact on a country’s implementation of the OECD Convention or the Recommendations
Recommendations for remedial action under Phase 1
According to the Phase 1 Evaluation, the Polish legal system should:
- cover the case where a material benefit (i.e. pecuniary benefit) goes to a third party;
- re-formulate the provisions on legal responsibility of legal persons;
- limit the discretion in deciding on the forfeiture of the bribes (e.g. by issuing guidelines);
- confirm whether taxation of the proceeds of corruption and the deduction of the bribe are possible.
The recommendation concerning responsibility of legal persons has already been introduced by the above mentioned Act of 28 October 2002. The problem of discretion and third party benefit had been solved by relevant amendments to the Penal Code (Art. 44 and 45), introduced by the Act of 13 June 2003 (O.J. 2003 No 111, it. 1061). The taxation of the proceeds of corruption and the deduction of the bribe is not possible under the Polish law (however there is no explicit regulation). As there were no cases of criminal proceedings concerning corruption of public foreign officials reported by the end of May 2003, no observation about the practice of those new provisions can be been made.
Countries’ international commitments arising from other international instruments
Poland is a state party to several international instruments listed below in point 4.
Since 20 May 1999 Poland is a Member State of the Group of States against Corruption (GRECO).
Since 1 May 2004 Poland is a Member State of the European Union, which involves – among others – the cooperation with OLAF (European Anti Fraud Office).
Other information
Relevant authorities
There is no central authority specialized in the corruption cases in Poland. All allegedly committed offences should be reported to the Police (contact details are available on the web site www.kgp.gov.pl) or to public prosecution authorities (contact details are available on the web site www.ms.gov.pl/organizacja/adresy_prok.doc). There is also a possibility to use the Police hot line + 48 800-120-226.
The international cooperation in the field of combating corruption is coordinated by the:
Ministry of Justice
Department of Judicial Assistance and European Law
Al. Ujazdowskie 11
00 - 950 Warszawa
Tel/fax: (+ 48 22) 628-09-49
www.ms.gov.pl
Relevant internet links to national implementing legislation
Acts of Polish law (including laws on preventing corruption) are available on the web site of Polish Parliament – www.sejm.gov.pl/prawo/prawo.html ; Journals of Law since 1995 are available also on the web site www.lex.pl .
The anti-corruption strategy of the Polish government adopted on 17 September 2002 is available in the web site of the Ministry of the Interior and Administration (www.mswia.gov.pl/strategia_antykorup.html).
Signature/ratification of other relevant international instruments
Poland has signed and/or ratified the following international instruments on combating corruption:
- United Nations Convention against Corruption (signed on 10 December 2003, not yet ratified);
- The Council of Europe Criminal Law Convention on Corruption (signed on 27 January 1999, ratified on 11 December 2002);
- The Council of Europe Civil Law Convention on Corruption (signed on 3 April 2001, ratified on 11 September 2002);
- The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (signed on 5 November 1998, ratified on 20 December 2000);
- European Union Convention on the Fight against Corruption involving Officials of the European Communities or Officials of the EU Member States (ratified on 25 January 2005).
Working Group on Bribery Monitoring Reports
Phase 1: Review of Implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/39/45/2020928.pdf
Phase 2: Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions
http://www.oecd.org/dataoecd/3/54/38030514.pdf
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