This document discusses organized crime (OC) in Poland. It provides an overview of research on OC before and after 1989, including analyses of legal instruments and surveys of law enforcement. OC is not legally defined in Poland, though Article 258 of the Polish Penal Code addresses participating in criminal groups. The document also summarizes statistics on OC groups and activities in Poland from 2006 to 2007. It examines money laundering regulations and cases. Overall, the document analyzes the phenomenon of OC in Poland through academic research, legal aspects, and statistics from law enforcement.

1. Dr Wojciech Filipkowski
Law Faculty
University of Białystok
Poland 1

2.  OC Definition
 Researches into the phenomenon of OC
 Before 1989
 After 1989
▪ legal instruments – dogmatic analysis
▪ from the point of view of police officers, public prosecutors,
judges and … immunity witnesses – surveys
▪ money laundering – a sector of criminal activity
 Contemporary situation
 Central Bureau of Investigation reports
 General Inspector of Financial Information reports
 statistics 2

3. 3

4.  There is no legal definition of OC
 although this term is being used in some regulations.
 There is a crime described in Article 258 of
Polish Penal Code
 but it does not explain much; it is being left to
academia and courts.
 There is a working definition created by and for
Polish Police.
4

5.  Activities of groups that
 have been set up for making money with crime (no
matter whether it relates to violent or economic
offence),
 use of violence, blackmail and corruption, and
 aim at introducing illegal revenues into the
legitimate economy.
5

6. At the same time, the following eleven characteristics of
OC were indentify:
▪ profit or power as main goal of its activity,
▪ long-term or unlimited time-frame of its activity,
▪ division of tasks and powers among the its members,
▪ a special hierarchy,
▪ taking up different criminal activities in order to make money,
▪ isolation from the outside world, internal discipline and control of its
members,
▪ committing serious crimes,
▪ use of violence or other means of intimidation,
▪ capability of operating internationally,
▪ taking up money laundering activities, and
▪ ability to influence politics, state administration, and law enforcement.
At least five of above-mentioned criteria must be met.
6

7. Article 258
 § 1. Whoever participates in an organized group or
association having for its purpose the commission of
offences
 shall be subject to the penalty of deprivation of liberty for a term of
between 3 months and 5 years.
 § 2. If the group or association specified in § 1 has the
characteristics of an armed organization (…), the perpetrator
 shall be subject to the penalty of deprivation of liberty for a term of
between 6 months and 8 years.
 § 3. Whoever sets up the group or association specified in §1
or 2 or leads such a group or association
 shall be subject to the penalty of deprivation of liberty for a term of
between 1 month and 10 years.
(…)
7

8. 8

9.  Organized criminal groups and organizations
were not considered as a big threat to the
society or country before II World War
 There was no place for OC in socialism !
 ‘policy of denial’
 speculations of regulated goods, foreign currencies,
black markets – economic crimes
 researches derives from the studies of habitual
offenders or professional offenders
9

10.  Phenomenology of OC
 based on criminal cases, reports
 surveys among law enforcement officers, public
prosecutors, judges and immunity witness
 Regulations concerning fighting OC
 criminal law, criminal procedure, police law, etc.
 Regulations concerning fighting ML
 criminal law, financial law, administrative law etc.
10

11.  K. Laskowska in 2008
 Russian-speaking organized crime in Russia and Poland
 E. W. Pływaczewski in 2006
 new regulations concerning immunity witness (witness
protection program)
 police law – operational activities (surveillance)
 Z. Rau in 2001
 OC from the point of view of different people involved in
fighting organized crime as well as immunity witnesses
 E. W. Pływaczewski in 1992 and 1993
 first analysis of OC and ML in Polish criminology and
criminal law – ‘top-down’ & ‘bottom-up models’ of OC 11

12.  The phenomenon itself
 based on criminal cases (lawful convictions or
conducted investigations)
 Anti-Money Laundering Regime
 evolution (issues i.e. history, accession to EU)
 compliance with international standards
 criminal law and other branches of legal system
12

13.  GIFI annual reports
 conducted analytical investigations, typology of
spotted ML methods and techniques, statistics –
http://www.mf.gov.pl
 Police Academy in Szczytno in 2004
 cases involving laundering proceeds derived from
fiscal crimes („the oil sector crimes”, VAT frauds)
 K. Buczkowski & M. Wojtaszek in 2001
 all ML cases from 1.01.1995 till 31.12.1997
13

14.  J. Długosz in 2006
 ‘Europeanizing’ Polish criminal law regarding ML –
comparison of EU, German and Polish regulations
 E. M. Guzik-Makaruk & W. Filipkowski in 2004
 survey among financial institution of Polish capital
market on AML regime
 J. W. Wójcik in 2001
 surveys among banks’ employees on AML regime
 W. Jasiński between 1993 and 1996
 analysis of banks’ internal regulations concerning
AML 14

15. Law &
Academia
Criminology
Technology Practice
15

16.  Fields of research:
 citizens security
 using new technologies to support law enforcement
and justice system (i.e. biometrics, voice recognition,
small aircrafts, cryptology, agent technologies, AI,
open source intelligence, etc.)
 new regulations concerning police work,
surveillance, OC, ML, terrorism, financial intelligence
unit, corruption, forfeiture, etc.
 crimes in cyberspace
16

17. 17

18. 2006 2007
Number of people involved in OC: 2644 3692
Number of organized criminal groups: 246 348
 Polish 217 326
 International 28 19
 Russian-speaking 1 3
Type of criminal activities:
 Economic crimes 88 118
 Drug trafficking 85 121
 Other 49 74
 Diverse activity 24 35
Number of dismantled organized criminal groups 143 179
Number of suspects which activities were restricted 1432 2003
18

19. Investigated crimes 2006 2007
Being a member of OC – art. 258 PPC 40 60
Economic crimes 144 195
Fiscal/tax crimes 27 45
Drug trafficking 180 189
Murder 18 25
Money laundering 99 88
Corruption/Briabery 32 41
Stealing cars 10 7
Forgery of financial instruments 6 7
Extortions 38 45
Human trafficking 7 5
Illegal trade of arms or explosives 11 18
Miscellaneous 149 138 19

20. 200
180
160
140
120
100
80
60
2006
40 2007
20
0
20

21. 1998
Lawful
1999 2000 2001 2002 2003 2004 2005 2006 2007
convictions (01.09-
12.31)
Art. 258 §1 PPC 7 14 38 39 51 38 148 278 211 166
Art. 258 §2 PPC 2 1 1 4 10 29 20 13 18
Art. 258 §3 PPC 2 5 2 7 9 42 39 39 21
Art. 258 §3 PPC 1 1 1
and § 1
TOTAL: 7 18 44 43 62 58 220 337 263 205
Source: The Ministry of Justice’s web site – www.ms.gov.pl 21

22. 350
300
250
200
§1
150
§2
§3
100
§3 & §1
50
0
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
Source: The Ministry of Justice’s web site – www.ms.gov.pl 22

23.  Sources of illicit gains:
 ‘scrap-metal’ and ‘oil sector’ tax crime
 frauds & swindles
 unauthorized access to bank accounts (phishing
attacks)
 ML methods & techniques:
 ‘old’: nets of shell companies, fictitious
transactions, collecting accounts, instant cash
withdrawal
 ‘new’: credit cards, on-line financial services,
remittance services (Western Union, PayPal) 23

24. 1998
Lawful
1999 2000 2001 2002 2003 2004 2005 2006 2007
convictions (01.09-
12.31)
Art. 299 §1 PPC 3 8 4 1 9 3 10 10 11 13
Art. 299 §2 PPC 5 1 1 3 1
Art. 299 §3 PPC 3 4 1 6 1 4 8
Art. 299 §5 PPC 6 26 108 52
and § 1
Art. 299 §5 PPC 1 2 1
and § 2
Art. 299 §6 PPC 3 2 1
and § 1
TOTAL: 3 8 12 5 11 3 24 45 126 75
Source: The Ministry of Justice’s web site – www.ms.gov.pl 24

25. 140
120
100
80
§1
§2
60
§3
§5 & §1
40
§5 & §2
§6 & §1
20
0
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
Source: The Ministry of Justice’s web site – www.ms.gov.pl 25

26. BIBLIOGRAPHY:
 K. Laskowska, Rosyjskojęzyczna
przestępczość zorganizowana (Russian-speaking
Organized Crime), Temida2 2007
 E. W. Pływaczewski (Ed.), Przestępczość
zorganizowana, świadek koronny, terroryzm w
ujęciu praktycznym (Organised Crime, Immunity
Witness, Terrorism – Practical Aspects),
Zakamycze 2005
 W. Filipkowski, Zwalczanie przestępczości
zorganizowanej w aspekcie finansowym
(Fighting Organized Crime in Financial Aspect),
Zakamycze 2004
 C. Fijnaut, L. Paoli (Eds.), Organised Crime in
Europe, Springer 2004
 Z. Rau, Przestępczość zorganizowana w Polsce
i jej zwalczanie (Organised Crime in Poland and
the Fight against It), Zakamycze 2002
26

27. DR WOJCIECH FILIPKOWSKI
fwojtek@uwb.edu.pl
27