In the most general terms, a criminal offence can be defined as an act prohibited by law (e.g. the Criminal Code) which is socially harmful, precisely described in the law, and subject to punishment.

A petty offence is also an act prohibited by law (e.g. the Code of Petty Offences) but is an offence ‘of lesser gravity’. Unlike a criminal offence, the social harmfulness of a petty offence may be negligible (e.g. it would be a petty offence for a pedestrian to cross an empty street on a red light in the middle of the night). The penalty for committing a criminal offence can only be imposed by a court. In the case of petty offences, the penalty can sometimes also be imposed by other authorities, such as the police or the city guard (e.g. by issuing a speeding ticket).

If you believe that the situation you are facing constitutes a criminal offence, you have the right to report it to the relevant authorities. This will most often be the police or the public prosecutor’s office. You do not need to be sure whether the behaviour in question constitutes a criminal offence. It is the task of law enforcement authorities and the court to clarify this issue. It is therefore not your role to assess whether the behaviour in question constitutes a criminal offence. Nor do you have to fear any negative consequences if, following your report, it turns out at any stage of the proceedings that no crime has been committed. It may be sufficient to justify your report based on a deep conviction that the behaviour in question could be unlawful.

NOTE: Remember that it is one thing to report conduct that actually occurred (or at least you have
a reasonable suspicion that it may have occurred) to law enforcement authorities, even if it has been established that it does not constitute a crime, and quite another to falsely report a situation that did not occur at all (e.g. to harm someone you dislike). In the latter case, if you intentionally accuse someone of an act they did not commit, you may expose yourself to legal consequences.

Criminal offences can be divided based on, among other things, the types of prosecution. They are divided into:

• offences triable on a public prosecution (ex officio);
• offences triable on a public prosecution at the victim’s request;
• offences triable on a private prosecution.

In the Criminal Code, you will most often encounter offences prosecuted ex officio. In the case of these offences, it is sufficient for law enforcement authorities to obtain information from any source that a crime may have been committed. They should then automatically commence an investigation and punish the offender, which includes filing an indictment with the court. The prosecution of this type of crime also does not require the victim’s consent. A characteristic feature of this type of criminal offence is that it can be reported by anyone, including a bystander who witnessed the event or even someone who only ‘heard’ that a crime may have been committed.

Crimes prosecuted at the victim's request are also dealt with by law enforcement authorities and it is they who undertake the investigation and punishment of the offender, including filing an indictment with the court. The difference as compared with crimes prosecuted ex officio is that to formally initiate proceedings — in addition to the report itself — it is also necessary for the victim to submit a written request for prosecution. In this case, a person who witnesses the event cannot make such a request. Of course, if you witness a crime prosecuted at the victim's request, you can also notify the law enforcement authorities. However, you must be aware that without a request for prosecution from the victim, it will not be possible to take any formal steps. Once a request for prosecution has been filed, the proceedings continue as for crimes prosecuted ex officio. It is worth remembering that with the consent of the public prosecutor's office or the court — depending on the stage the case is at — the request may be withdrawn by the victim. In this case, the proceedings in the case are discontinued (terminated) and a second submission of the request in the same case is no longer allowed. The category of offences prosecuted at the victim’s request includes, among others, persistent harassment/stalking (Article 190a of the Criminal Code), criminal threats (Article 190 of the Criminal Code) and certain offences against life, health and property if the victim is in a close relationship with the offender (i.e. the offender’s relative or a person in a close relationship with the offender, e.g. a spouse, parents, children, grandparents, grandchildren, siblings, as well as a cohabitant).

The last and least numerous category of offences covers those triable on a private prosecution. In the case of these acts, only the victim can act as a prosecutor (‘private prosecutor’). The victim may act in this type of case in person or through a representative. For proceedings to be initiated in the case of these offences, the victim must file a private indictment against the offender directly with the court. The private indictment must meet certain requirements for a pleading, i.e. it must contain, among others, the date, the name of the court to which it is addressed, personal details of the private prosecutor and the accused (name, surname, address, telephone number and e-mail address, if possible, or a statement that such details are unavailable), a description of the alleged act, an indication of the evidence on which the accusation is based, the grounds for the pleading and
a signature. The pleading should be accompanied by relevant appendices, e.g. evidence referred to in the pleading and proof of payment of the court fee for the pleading. In the case of offences triable on a private prosecution, the burden of proving the guilt of the accused rests entirely on the private prosecutor. As a rule, the police and the public prosecutor's office do not take part in the proceedings at all, although sometimes the court may order the law enforcement authorities to carry out certain activities. The category of offences triable on a private prosecution includes, for example, insult (Article 216 of the Criminal Code), defamation (Article 212 of the Criminal Code), causing actual bodily harm (Article 157(2) to (4) of the Criminal Code) and assault and battery (Article 217 of the Criminal Code).

Generally speaking, yes. However, in the case of most offences, this is a ‘social duty’. This means that if you decide not to report them, you will not face criminal consequences. However, there are exceptions to this rule for the most serious crimes. Failure to report them to law enforcement authorities, despite knowing them, exposes you to criminal liability, including imprisonment. These criminal offences are listed under Article 240 of the Criminal Code and include certain offences against the security of the Polish State, acts of terrorism, murder, abduction, rape and paedophilia. For these offences, there is an absolute obligation to report them. Only the victims, the perpetrators of such crimes themselves and the people closest to the perpetrators, i.e. their relatives or people in a close relationship with them, are exempted from criminal liability for not reporting them.

The easiest way to report a crime to law enforcement authorities is to go to the police station which covers the area where the crime was committed. If you are unable to go to your local police station, you can also report the crime at other police stations. However, this may prolong the proceedings as the case file will probably be sent to the territorially competent unit anyway. Of course, the notification may also be submitted in writing and sent by post. However, it will still be necessary to give evidence in person, so a prior written notification may also prolong the proceedings, although it has the advantage of probably avoiding a long wait to give evidence.

Remember that if you do not speak Polish well enough, you are entitled to have an interpreter present at every stage of the ongoing proceedings.

IMPORTANT: If you have suffered injury or your clothing has been damaged or soiled as a result of the crime, remember to undergo a medical examination immediately. Do not wash, clean or repair your clothes. It is also advisable to avoid bathing until the offender’s biological traces, if any, have been secured. This is particularly important in the case of crimes against life or health and crimes involving sexual violence. If the offender's criminal liability depends on your health condition, you may not object to a visual inspection of the body and certain medical examinations.

When you report a possible criminal offence, you will be questioned. You will then usually be acting in either of the two roles: as a witness or as a victim. In general terms, your role in the proceedings depends on whether you have been directly affected by the crime that you are reporting. If so, you will be entitled to the status of a victim, who has a much broader catalogue of rights during pre-trial and trial proceedings than a regular witness.

The most common procedural role in which you may appear in proceedings is that of a witness. Such a person has an extensive catalogue of rights and obligations under the provisions of the Code of Criminal Procedure. Remember that, as a witness, you have the right to be instructed in writing about your rights and obligations by the questioning authority.

If you act as a witness in the proceedings, you have, among other things, the right to:

• refuse to testify or refuse to answer a specific question if this could expose you or a so-called ‘closest person’ to criminal liability (Article 183(1) of the Code of Criminal Procedure). If the offender is your relative or in a close relationship with you, you also have the right to refuse to testify (Article 182(1) and (2) of the Code of Criminal Procedure);
• be questioned – in justified cases – at your place of residence or remotely with the use of appropriate technical devices (Articles 177(1a), 177(2) and 390(3) of the Code of Criminal Procedure);
• secrecy of your personal data and other circumstances that may indicate your identity if there is an objective and justified fear that their disclosure may pose a threat to you or your relatives (Articles 148a and 184 of the Code of Criminal Procedure);
• free assistance of an interpreter at any stage of the proceedings if you do not speak Polish (Article 204(1) of the Code of Criminal Procedure);
• reimbursement of the costs of your appearance when summoned by a given authority (Articles 618a–618e and 618k of the Code of Criminal Procedure);
• appoint an attorney, who may be an advocate or legal counsel, if your interests in the proceedings so require. If you demonstrate that you cannot afford an attorney, the court may, at your request, appoint an attorney ex officio (Articles 87(2) and 88(1) of the Code of Criminal Procedure).

As a witness, you have in particular the duty to:

• appear when summoned by the authority conducting the proceedings (Article 177(1) of the Code of Criminal Procedure);
• testify under penalty (Article 287(1) and (2) of the Code of Criminal Procedure);
• tell the truth (Article 190 of the Code of Criminal Procedure and Article 233(1) of the Code of Criminal Procedure).

If you are reporting a possible criminal offence in a case in which you have the status of a victim, you are further entitled to:

• have a person indicated by you present during all acts at the pre-trial stage unless it prevents such actions from being carried out (Article 299a of the Code of Criminal Procedure);
• request the exclusion of a judge (Article 41 of the Code of Criminal Procedure) or
• a public prosecutor (Article 47 of the Code of Criminal Procedure) if you have justified concerns about their impartiality;
• submit requests to carry out certain activities as part of the proceedings;
• take part in those evidence-gathering acts that cannot be repeated at the trial (Articles 316(1), 317(1) and 325a(2) of the Code of Criminal Procedure);
• submit a request for the questioning of a witness if there is a fear that it will not be possible to examine the witness at the trial (Article 316(3) of the Code of Criminal Procedure).

If you are the victim of a sexual offence, as a general rule, the questioning should take place only once. The questioning (hearing) should be conducted by the court in the presence of an expert psychologist. However, the person who committed the offence will not take part in this hearing (Article 185c of the Code of Criminal Procedure).

IMPORTANT: As a victim, you have the right to act as an auxiliary prosecutor in the proceedings (Articles 53 and 54 of the Code of Criminal Procedure). This entails several additional rights in the course of the proceedings, including the possibility of submitting motions for evidence, asking witnesses questions etc.