In our Law-now alerts of 24.06.2016 and 01.03.2017, we described the most important changes related to a new draft bill concerning new rules pertaining to the confiscation of criminal proceeds. The wording of the draft bill, after minor amendments (by the Senate) was adopted by the Polish parliament (Sejm) and signed by the President. The most important implications resulting from the new provisions include:

  • Confiscation of the entire enterprise owned by an individual, which was used to commit a crime (but not a tax crime) or hide the proceeds of a crime
  • Compulsory company management as a new interim measure of securing i.a. confiscation and sanctions that may be imposed on a corporate entity

  • Presumption of the criminal origins of proceeds also with regard to assets obtained 5 years prior to committing the crime

  • Extended possibility of wire-tapping and surveillance

The amendment will come into force on 27 April 2017. The new rules pertaining to the presumption of the criminal origins of assets will also apply to crimes committed before the amendment’s entry into force.