Criminal responsibility of foreigners in Poland

1. Crimes Committed in Poland

• Foreigners are held accountable for crimes committed in Poland just like Polish citizens. This means that a foreigner can be convicted and serve their sentence within Poland.

• Following a conviction, it is possible to request the execution of the sentence outside Poland's borders, which can be initiated by the court either on its own initiative or upon request.

• A final conviction for a deliberate crime may result in the foreigner being entered into the register of undesirable persons and issued a return decision, which requires them to leave Polish territory.

• This can lead to serious consequences, including loss of residence rights in Poland, loss of the right to work, and even a ban on entering the Schengen Area. A criminal attorney can assist in utilizing all available means to mitigate criminal liability. Attorneys also ensure that all possible rights for the suspect or accused person are exercised and clarify all complexities of the criminal process.

2. Crimes Committed Outside Poland

• Foreigners may also be held accountable for certain crimes committed outside Poland, such as when the victim is a Polish citizen or when the crime is directed against the interests of a Polish legal entity, e.g. a company seated in Poland.

• The condition for liability is that the act must also be recognized as a crime under the law applicable in the location where it was committed. A lawyer can help investigate this situation.

• Polish law enforcement may utilize the European Investigation Order (EIO) in such cases. Maintaining confidentiality during criminal proceedings, they can request countries recognizing the EIO to gather and transfer evidence. It is possible to request a European Union member state to execute an order for seizing evidence or securing property to ensure compliance with a forfeiture order.

• The Council Decision 2007/533/JHA of June 12, 2007, regarding the establishment, functioning, and use of the second generation Schengen Information System (SIS II), serves as a basis for information exchange in criminal matters within the European Union.

• This allows national law enforcement agencies to post information visible across much of Europe, including data on wanted persons or items intended for seizure.A lawyer can assist both individuals threatened by Polish criminal proceedings and victims harmed by an offender who is a foreigner residing abroad.

3. Terrorism

• Poland is obligated under international agreements to prosecute terrorist offenses. According to Polish law, Polish criminal provisions apply regardless of regulations in the location where these offenses occurred.

4. Substituted Liability

• A foreigner may also be subject to Polish criminal law even if the crime is not commited against Polish citizens or legal entities. In this case, the crime committed abroad is subject to Polish law if it is punishable by more than two years of imprisonment and is also punishable where it was committed. Additionally, the foreigner is subject to Polish criminal law in this case if the foreigner remains in Poland and has not been decided for extradition.