Penalties for Using Illegal Casino Websites in Poland
In Poland, the law punishes players as well as operators. If you use an illegal casino website, you can be fined an amount equal to your winnings and prosecuted for a fiscal offence. This guide explains each penalty, who imposes it and what to do if you are worried.
Gambling is for adults aged 18 and over. It can lead to addiction and financial harm. Taking part in illegal online gambling in Poland can lead to a fine equal to your winnings.
Taking part is prohibited, not only offering games
The Gambling Act does not only target the companies behind illegal websites. Article 29a(2) directly prohibits players from taking part:
„Zakazane jest uczestniczenie w grach hazardowych urządzanych przez sieć Internet przez podmioty niewykonujące monopolu państwa w tym zakresie, które urządzają gry hazardowe przez sieć Internet bez wymaganego zezwolenia.”
Our translation: “It is prohibited to take part in gambling organised over the internet by entities that do not exercise the state monopoly in this area and that organise gambling over the internet without the required permit.”
Gambling Act, art. 29a(2)
For casino games, only the state monopoly may operate online, so taking part in casino games on any other website falls within this ban. Our guide to whether online casinos are legal in Poland explains the monopoly.
Administrative fine: 100% of your winnings
A person who takes part in gambling organised without the required licence, permit or notification can be given an administrative fine (kara pieniężna) equal to 100% of the winnings they obtained. The amount is not reduced by the stakes they paid (Gambling Act, art. 89(1)(6) and (4)(5)).
Example
You stake a total of 4,000 zł on an unlicensed casino website and win 5,000 zł. The fine can be 5,000 zł, the full amount of the winnings, not the 1,000 zł difference.
- The fine is imposed by a decision of the head of a customs and tax office (naczelnik urzędu celno-skarbowego) (art. 90(1)).
- You can appeal to the director of the regional revenue administration chamber (art. 90a).
- The fine must be paid within 7 days of the decision becoming final (art. 90(2)).
Fiscal penal liability
Separately from the administrative fine, the Fiscal Penal Code (Kodeks karny skarbowy) makes taking part in illegal gambling an offence.
| Provision | What it covers | Maximum penalty |
|---|---|---|
| Art. 107 §2 | Taking part in a foreign gambling game while on Polish territory | Fine of up to 120 daily units |
| Art. 109 | Taking part in gambling run against the Gambling Act or the conditions of a licence or permit | Fine of up to 120 daily units |
| Art. 107 §4 | Minor cases of the offence in art. 107 §2 | Fine for a fiscal petty offence |
Source: Fiscal Penal Code, consolidated text, ISAP legal database.
How daily fine units work
A fine in daily units (stawki dzienne) has two parts. The court sets the number of units and the value of each unit. It sets the value by looking at the person's income, personal and family situation, property and earning potential. One unit cannot be less than one-thirtieth of the national minimum monthly wage or more than 400 times that amount (Fiscal Penal Code, art. 23 §1 and §3). Because the value depends on your circumstances and on the minimum wage, there is no single amount in złoty.
Fiscal petty offences
In minor cases, the act can be treated as a fiscal petty offence (wykroczenie skarbowe). The fine then ranges from one-tenth of the minimum monthly wage to 20 times the minimum wage, and a fixed-penalty notice can be issued for up to five times the minimum wage (Fiscal Penal Code, art. 48).
Who enforces the rules
The National Revenue Administration (Krajowa Administracja Skarbowa, KAS) enforces the Gambling Act. The heads of its customs and tax offices impose the administrative fines and carry out the preparatory investigation of these fiscal offences (Gambling Act, art. 90; Fiscal Penal Code, art. 133). The Ministry of Finance keeps the register of blocked gambling websites and warns on its website that both organisers and players of illegal gambling face fiscal penal and administrative liability.
Related offences
- Advertising illegal gambling. Anyone who orders, runs or places advertising or promotion of casino-type games in breach of the Act, or profits from it, faces a fine of up to 720 daily units (Fiscal Penal Code, art. 110a). This includes paid promotion on social media.
- Letting under-18s gamble. Allowing a person under 18 to take part in gambling, other than promotional lotteries and raffles, is a fiscal petty offence (art. 110b).
If you are worried about your situation
Stop using the website and keep your records. This page gives general information only. For advice about your own case, speak to an independent lawyer. If gambling has become hard to control, support is available.
- Behavioural addictions helpline 801 889 880 Daily, 17:00–22:00 · Charged at your operator's rate
- Support Centre for adults in mental crisis 800 70 2222 24 hours a day, 7 days a week · Free
In an emergency, call 112. Numbers listed by KCPU and the Ministry of Health, checked . More gambling support in Poland
Sources
- Gambling Act of 19 November 2009 (Ustawa z dnia 19 listopada 2009 r. o grach hazardowych)
- Fiscal Penal Code (Kodeks karny skarbowy)
- Warning about the consequences of taking part in illegal gambling (Ostrzeżenie przed konsekwencjami udziału w nielegalnym hazardzie)
English explanations are our own translations of Polish law. The official Polish text prevails. How we check our sources.