Poland is introducing tough criminal penalties for environmental crimes, including those resulting from a lack of diligence

Five fundamental changes which will influence business operation in Poland:

First, higher criminal liability of management for lack of prudence

• For manslaughter of an environmental crime, those acting on behalf of the company will not only be criminally liable (personally) but may face imprisonment of up to 5 years (in justified cases). For crimes caused unintentionally (lack of prudence), the court may also order an obligation to pay restitution of up to PLN 10 million.

Secondly, higher criminal liability for the management team responsible for supervising production plants in Poland

• Improper operation of an installation that requires an environmental permit may result in criminal liability of the management team responsible for supervising such production plants (risk of a prison sentence of up to 10 years). Improper operation means providing pollution that endangers (and not always causes) human life or health or reduces the quality of the environment. 
• The plant manager does not necessarily have to pollute the environment by their actions directly; it also applies to a person operating as part of a production, service, or commercial manager.

Thirdly, greater risk of liability of companies as collective entities

• The nature of liability of collective entities, i.e., companies, is changing. Before the change, the ability to hold a collective entity liable depended on a prior conviction of an individual (usually an employee) in a criminal trial. 
• Now, holding, for example, a company liable will not require such a prior conviction. In addition, in such a case, the compensation will not be determined by the revenue but will be up to PLN 5 million. 
• In connection with the legislation's goal, in the coming months, we can expect increased and more thorough inspections of the permits held by companies and the way they conduct activities that may affect the environment.

Fourthly, exclusions of companies in public procurement sentenced for environmental crimes

• Entities with persons convicted of intentional environmental offenses on their board of directors or supervisory board will be automatically excluded from bidding for public contracts. 
• In addition, the authority will have the right to exclude the contractor's bid if the persons mentioned earlier are convicted of unintentional crimes. 

Fifthly, another tightening of the regulations for improper waste management - the risk of a penalty of up to 12 years imprisonment

• Improper waste management involving, among other things, illegal storage, disposal, processing, collection, neutralization, and transportation of waste, which may endanger human life or health or cause a decrease in the quality of the environment, will be punishable by up to 10 years imprisonment.
• In connection with the legislation's goal, in the coming months, we can expect increased and more thorough inspections of the permits held by companies and the way they conduct activities that may affect the environment.