Fraud in Poland

Unfortunately, not all companies operating in Poland are honest entrepreneurs. Sometimes, fraud in Poland occurs when a company has taken money from a foreign client but has not fulfilled its contractual obligations. Instead of delivering the ordered goods or providing the requested service, the fraudulent company in Poland avoids contact with clients, does not answer phone calls, and disappears from the market. Such actions indicate a possible crime in Poland, and there may be more victims both abroad and in Poland. Therefore, it is necessary to take legal action in Poland quickly.

Definition of Fraud According to Polish Law

According to Article 286 § 1 of the Polish Penal Code, anyone who, with the intent of obtaining financial gain, leads another person to an unfavorable disposal of their own or someone else’s property by misleading them or exploiting their mistake or inability to fully comprehend the undertaken action, is subject to imprisonment for a period of 6 months to 8 years.

Various objective circumstances existing at the time of placing an order by the perpetrator or at the time of obtaining a specific benefit may indicate the intention not to fulfill the undertaken obligation. These circumstances may include a lack of financial resources combined with a lack of clear business plans for the future (e.g., referring to unspecified investment plans), the perpetrator’s handling of the obtained goods (e.g., quick sale below purchase price), prolonged difficulties in meeting current obligations, lack of rational justification for economic decisions, or even the lack of a rational business plan, unrealistic expectations regarding an improvement in economic conditions, particularly regarding the financial condition of their own company, or the use of obtained loans, credits, or grants for purposes other than those intended (Judgment of the Court of Appeal in Krakow of August 19, 1998, II AKa 127/98, KZS 1998, No. 10, item 26; Judgment of the Court of Appeal in Katowice of February 28, 1995, AKr 2/95, Prok. i Pr. – wkł. 1995, No. 9, item 22).

Fraud consists of leading another person to an unfavorable disposal of their own or someone else’s property by misleading them or exploiting their mistake or inability to fully comprehend the undertaken action in order to obtain financial gain. It does not matter where the fraud takes place—whether it is physical or online fraud.

The punishable behavior is defined in Article 286 § 1 of the Penal Code by means of an action-result element. In cases of misleading, the perpetrator creates a false impression in the mind of the victim or another person whose property is subject to the disposal by the misled individual. In cases of exploiting a mistake, the perpetrator takes advantage of the existing discrepancy between the state of awareness of the person disposing of the property and reality, without correcting the discrepancy but using it to achieve financial gain from the unfavorable disposal of the property (e.g., Polish Supreme Court judgment of December 2, 2002, case file IV KKN 135/00, LEX No. 74478).

In consistent Polish case law and criminal law doctrine, a broad interpretation of property as the object of fraud is adopted. This interpretation includes not only current but also future benefits from any property rights, real or obligatory, including services, profits, or revenues, effectively encompassing the entire financial situation of the subject (e.g., Polish Supreme Court decision of June 15, 2007, case file: I KZP 13/07, OSNKW 2007/7-8/56).

Wide Reach of Fraud

Fraud in Poland can occur in various industries, increasing the risk for many entrepreneurs and consumers. Examples of sectors where such crimes may occur include:

• Construction Industry: A construction company in Poland accepts a deposit for renovation or construction but does not start the work. Construction fraud in Poland is a growing concern for both local and international investors.
• Technology Industry: A Polish computer equipment seller receives payment but does not deliver the ordered devices. Many tech scams in Poland involve selling nonexistent gadgets or software.
• Transport Industry: A carrier from Poland commits to transporting goods but does not perform the service and does not contact the client. Transport fraud in Poland affects numerous businesses relying on logistics services.
• Financial Industry: In this industry, Polish fraudsters often promise high returns on investments, which are actually fictitious. Financial fraud protection in Poland is essential as identity theft and false investment schemes are prevalent. Polish fraudsters use stolen personal data to access victims’ bank accounts or take out loans in their names. Victims are often unaware of the fraud until they notice unauthorized transactions or receive demands for debt repayment they did not incur.
• E-commerce Industry: Fake online stores. Polish fraudsters create fake websites that look like legitimate stores. Customers from Poland or abroad make purchases, pay for goods, but never receive them. E-commerce scams in Poland are particularly common during sales periods when consumers are looking for bargains. Another scam in this industry is phishing in Poland. In this form of fraud, customers receive fake emails from supposed online sellers, asking for login details or credit card information. Once they have this information, Polish fraudsters can make unauthorized purchases or sell the data on the black market.
• Medical Industry: This usually involves selling fake health products. Polish fraudsters sell products that supposedly have miraculous healing properties but actually have no medical value. These can be fake dietary supplements, medications, or medical devices. Medical fraud in Poland poses a risk to consumers looking for genuine health solutions.
• Tourism Industry: This usually involves vacation rental scams in Poland. Fake rental offers for apartments or houses for vacation in Poland, where fraudsters take deposits or full payments for properties that are already rented to others or do not exist at all. Tourism scams in Poland can ruin travel plans and lead to significant financial loss.You can read more extensively about this type of crime in this article.
• Agriculture Industry: Fraud involving fake fertilizers and pesticides. Selling counterfeit fertilizers or pesticides from Poland that not only do not work but may also harm crops. Farmers who fall for these scams may suffer serious financial losses. Agricultural fraud in Poland impacts the livelihoods of many in the farming community.
• Educational Industry: This primarily involves scams related to selling online courses. Polish fraudsters advertise online courses with false promises of certification and guaranteed employment. After paying for the courses, it turns out they offer no valuable knowledge or skills. Education scams in Poland exploit the desire for better job prospects and learning.

Why Hiring a Lawyer is Crucial?

In the face of fraud in Poland, hiring an experienced lawyer from Poland becomes essential. Professional legal assistance brings many benefits:

1. Quick Response: A lawyer from Poland can immediately take legal action, increasing the chances of recovering the money.
2. Knowledge of Procedures: A lawyer from Poland knows legal procedures well and knows what steps to take to effectively pursue claims.
3. Court Representation: If it is necessary to go to court, the lawyer provides professional representation and defends the client’s interests.

Successes of the SOS Legal Law Firm

The SOS Legal law firm in Poland has many years of experience in handling cases related to fraud in Poland across various industries. Thanks to a professional approach and effectiveness, this firm has successfully concluded many similar cases, recovering clients’ dues. The experience and legal knowledge of the lawyers at SOS Legal mean that they can effectively protect the interests of injured companies and individuals.

Additionally, the SOS Legal law firm specializes in serving English-speaking clients, making it exceptionally competent in international matters. Clients from English-speaking countries can count on professional service and support in pursuing claims. Examples of countries from which similar cases have been reported to the firm include:

1. United States
2. United Kingdom
3. Canada
4. Australia
5. New Zealand
6. Ireland
7. South Africa
8. Singapore
9. India
10. Nigeria

How to Act in Case of Fraud?

If you have become a victim of fraud in Poland, immediately contact a law firm from Poland. Specialists will help you assess the situation, propose the best legal solutions, and take appropriate steps to pursue your claims. Remember that quick action increases the chances of recovering lost funds.

In conclusion, professional legal assistance in case of fraud in Poland is crucial. With the support of a lawyer from Poland, victims have a real chance of recovering money and compensation for the losses suffered. Therefore, it is worth trusting experienced lawyers who will fight with determination for your rights.

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