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Macolin Convention on Competition Manipulation
Legal Commentary and Sports Integrity Database

Poland

Regulations

I. General criminal law provisions

 

  1. Criminal Code - Art. 228-230

“Article 228

1. Whoever, in connection with the performance of public functions accepts a material or personal benefit or a promise thereof, shall be subject to the penalty of deprivation of liberty for a term of between 6 months and 8 years.

2. In the event that the act is of a lesser significance, the perpetrator shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.

3. Whoever, in connection with the performance of public functions accepts a material or personal benefit or a promise thereof in return for the conduct which violates the provisions of law shall be subject to the penalty of deprivation of liberty for a term of between 1 and 10 years.

4. The penalty specified in § 3 shall be also be imposed on anyone who, in connection with performing public functions, makes the performance of his official duties conditional upon receiving a material or personal benefit or a promise thereof or who demands such a benefit.

5. Whoever, in connection with the performance of public functions accepts a material or personal benefit of considerable value or a promise thereof, shall be subject to the penalty of deprivation of liberty for a term of between 2 years and 12 years.

6. The penalties specified in § 1-5 shall be also imposed on anyone who, in connection with performing his public functions in a foreign state or in an international organisation, accepts a material or personal benefit or a promise thereof or who demands such a benefit, or on anyone who makes the performance of his official duties conditional upon receiving such a benefit.

Article 229

1. Whoever gives a material or personal benefit or promises to provide it to a person performing public functions in connection with his official capacity (‘in connection with performance of this function’) shall be subject to the penalty of deprivation of liberty for a term of between 6 months and 8 years.

2. In the event that the act is of a lesser significance, the perpetrator shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years

3. If the perpetrator of the act specified in § 1 strives to induce a person performing public functions to violate the law or provides such a person, or promises to provide, with a material or personal benefit for violation of the law, shall be subject to the penalty of deprivation of liberty for a term of between one year and 10 years.

4. Whoever gives a material benefit of considerable value or promises to provide it to a person performing public functions in connection with his official capacity, shall be subject to the penalty of deprivation of liberty for a term of between 2 and 12 years.

5. Accordingly, subject to the penalties specified in § 1-4 shall be also anyone who gives a material or personal benefit or promises to provide it to a person performing public functions in another country or an international organisation in connection with these functions.

6. The perpetrator of the act specified in § 1-5 shall not be liable to punishment if the material or personal benefit or a promise thereof were accepted by the person performing public functions and the perpetrator had reported this fact to the law-enforcement agency, revealing all essential circumstances of the offence before this authority was notified of the offence.

Article 230

1. Whoever, claiming to have influence on a state or local government, a national or international organisation or a foreign organisational unit governing public funds, or making any person believe or confirming this person to believe that such influence exists, undertakes to intercede in the settling of a matter in return for a material or personal benefit or for a promise thereof, shall be subject to the penalty of deprivation of liberty for a term of between 6 months to 8 years.

2. In the event that the act is of a lesser significance, the perpetrator shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years”.

 

II. Sport-specific criminal law provisions

Articles 46 - 49 of Act of 25 June 2010 on Sport (Journal of Laws of 15 July 2010, No 127, item 857)

“Art. 46

1.Anyone who, in connection with sports competitions organized by a Polish sports association or by another entity operating under an agreement concluded with such association, or by an entity operating on its behalf, accepts material or personal benefits or promise of such benefits, or demands such benefits or a promise of such benefits in exchange for unfair behaviour that may affect the results of a sports competition, shall be liable on conviction to imprisonment for a term from 6 months to 8 years.

2. Any person who gives or promises such material or personal benefits, as described in paragraph 1, shall be liable on conviction to the same punishment.

3. In cases of lesser significance, anyone who commits the acts described in paragraph 1 or 2 shall be liable on conviction to a fine, restriction of liberty or imprisonment for a term not exceeding 2 years.

4. If the value of the material benefit referred to in paragraph 1 or 2 is significant, any person who has accepted the material benefit or promise of such benefit, or has given or promised such benefit, or has demanded such a benefit or promise of such benefit shall be liable on conviction to imprisonment for a term from 1 year to 10 years.

Art. 47

Anyone who, having gained information about an unlawful act referred to in Article 46, takes part in betting that concerns sports competitions to which such information refers, or discloses such information to [encourage] another person to take part in such betting shall be liable on conviction to imprisonment for a term from 3 months to 5 years.

Art. 48

1. Anyone who, pointing to his or her influence in a Polish sports association, or in an entity operating under an agreement concluded with this association, or in an entity operating on its behalf, or leading another person to believe, or strengthening that person’s conviction, that such influence is real, undertakes to act as a middleman in setting up a specific result of a sports competition in return for material or personal benefits or for a promise of such benefits shall be liable on conviction to imprisonment for a term from 6 months to 8 years.

2. Anyone who gives or promises to give a material or personal benefit in return for someone to act as a middleman in setting up a specific result of a sports competition, by means of unlawful influence on an official of a Polish sports association, or of an entity operating under an agreement with such association, or of an entity operating on its behalf, in connection with the performance of their official functions, shall be liable on conviction to the same punishment.

3. In cases of lesser significance, a perpetrator of a acts described in paragraphs 1 or 2 shall be liable on conviction to a fine, restriction of liberty or imprisonment for a term not exceeding 2 years.

Art. 49 - Exclusion of criminal records for accepting or requesting an advantage or its promise by conduct liable to affect the outcome of sports competitions

A person who has committed a crime specified in Article 46 paragraph 2, Article 46 paragraph 3 or 4, in connection with paragraph 2, or in Article 48 paragraph 2 or 3, in connection with paragraph 2, shall not be punishable, if the material or personal benefit or a promise of such benefit has been accepted, and the perpetrator immediately notifies the competent law enforcement body and reveals all the important circumstances of the crime before that law enforcement body discloses them otherwise”.