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1. Bribery in the public sector
Definition of a public official as receiver of gifts and benefits in bribery
related offences
The following persons are considered public officials: the President of
the Republic of Poland; a deputy to the Sejm (the lower house of the
Polish parliament), a senator, a councillor; a deputy to the European
Parliament; a judge, a lay-judge, a state prosecutor, a notary public,
a court executive officer (komornik), a professional court probation
officer, a person adjudicating in cases of contraventions or in disciplinary
authorities operating in pursuance of a law; a person who is
an employee in a state administration, other state authority or local
administration, except when he performs solely servicing activities
(i.e., sanitary, administrative of auxiliary nature), and other persons
to the extent to which they are authorised to render administrative
decisions; a person who is an employee of a state auditing and inspection
authority or of a local government auditing and inspection
authority, except when he performs only service-type work; a person
who occupies a managerial post in another state institution; an official
of an authority responsible for the protection of public security or an
official of the State Prison Service; a person performing active military
service.
Criminal liability for passive bribery in the public sector is not limited
only to public officials, but also covers persons who have a connection
with the performance of a public function. Such performance is exercised
by persons who are defined as “holding public office”. Persons
holding public office, except for public officials, include members of a
local administration agency, persons employed at the organisational
unit administering public funds, unless such person solely performs
servicing activities (i.e., sanitary, administrative of auxiliary nature), as
well as persons whose rights and obligations within public activity are
defined or acknowledged by law or international treaty binding on the
Republic of Poland.
Is it an offence to bribe a public official with the intention that
they act or omit to act contrary to their duties?
Yes. Bribing a person holding public office with the intention that they
act or omit to act contrary to their duties constitutes a qualified form
of active bribery.
Is it an offence to bribe a public official with the intention that
they act or omit to act in accordance with their duties?
Yes.
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