POLAND: Under Polish law, playing with a foreign unlicensed operator may expose him to criminal liability

Let’s picture this scenario… A player loses a significant sum of money to an online casino operating out of Curaçao. Unaware of legal circumstances, the player only realises that the casino is illicit following the loss.

Naturally, the player wants his money back or to simply warn others of a predatory business. But the matter will not be reported to authorities.

Why you ask? Under Polish law, playing with a foreign unlicensed operator may expose him to criminal liability. This is the stark reality of Polish gambling, where victims stay silent and impunity wins.

Law ends at the border…

Poland’s Fiscal Penal Code offers, at least in principle, the legal means to punish those who operate gambling enterprises without proper state authorisation. Article 107-1 allows for fines or prison sentences for organising gambling without authorisation, a provision that works well enough against local offenders.

Yet against foreign firms operating from offshore jurisdictions, the article is dead on arrival. The offending culprit will be registered in an offshore haven, often protected by corporate opacities and governed by laws wholly indifferent to Poland on all compliance disciplines.

The state is unable to act as international legal cooperation is rare, slow, and cumbersome on illicit gambling. Investigations are thwarted by legal mismatches, restricted enforcement bodies, and fragmented regulatory frameworks spanning multiple jurisdictions. 

Media reports occasionally highlight players suing foreign operators for fraud, only to be told that the company acted lawfully under rules of foreign bodies. Put simply, for black market operators, Polish law is little more than background noise.

Land of paradoxes with chilling effects

To make matters worse, section-2 of Article 107 penalises the very players who might wish to report wrongdoings. Anyone participating in unauthorised foreign gambling while in Poland faces a fine of up to 120 of their daily rate. 

A chilling effect that deters consumers from reporting losses or scams. While legal exemptions and mitigating circumstances do exist, they are not consistently applied. With the threat of prosecution looming, most victims simply choose to stay quiet. The full extent of Poland’s illegal gambling problem thus remains blurred for authorities.

This un-needed paradox undermines any level of enforcement. A provision meant to restrict illegal activity ends up shielding the worst offenders, simply because their victims dare not speak.

While Poland lacks jurisdiction to punish the principal organisers, it could still act against the supporting cast—payment platforms registered domestically, or influencers promoting illegal sites to Polish users. These actors operate in plain sight, especially across social media.

Civil litigation offers no relief. Polish civil law permits gambling-related claims only when the activity is licensed by a state authority. If the game itself was unlawful, the courts will not recognise the player’s claim. Those who fall victim to offshore operators are therefore locked out of legal recourse, both criminal and civil.

A need for pragmatism and accountability

But there is a legal angle still available. Polish criminal law—via Article 18 (section-3) of the Penal Code recognises the liability of accomplices. Anyone who, with intent, facilitates an offence by offering tools, advice, services or information may be prosecuted as an accessory. 

This opens a route to target a wide network of enablers who profit from or assist illegal gambling operations. A tougher stance on these domestic intermediaries could yield more results than futile efforts aimed at distant servers and faceless shell companies.

The only path lies in amending the law—not to escalate pursuit of foreign operators, which remains unrealistic—but to focus on the protection of deceived consumers. The question of whether a player knew they were using an illegal site must be central. If they did, leniency is harder to argue. But if they acted in good faith, the law should not punish them further.

Public awareness is also vital. Educational campaigns about safe and legal gambling must be expanded in both reach and volume. Current efforts exist, but are often lost in the noise. High-visibility campaigns would not only inform but also signal a more compassionate, preventative approach.

Poland’s takes EU spotlight 

Poland has now assumed the Presidency of the Council of the European Union, and an opportunity to lead a coordinated campaign against the online gambling black market is at hand. 

The Polish government has already called for harmonised enforcement across the bloc. It must now back rhetoric with action. EU-wide cooperation could provide the scale and jurisdictional reach that no member state can achieve in isolation.

Illegal gambling will not disappear on its own. It thrives on silence, hesitation, and cross-border loopholes. But with smarter laws, more responsive institutions, and a shared European strategy, Poland could finally begin to turn the tide… starting by giving victims a voice instead of a penalty.

https://sbcnews.co.uk/europe/2025/05/16/poland-hand-black-market/