Street racing is a criminal offence in Poland – not a misdemeanour. The organiser, a participating driver and anyone making preparations can face criminal liability. The consequences range from a lengthy driving disqualification to a custodial sentence of up to five years.
The Legal Basis – Article 178c of the Criminal Code
Article 178c of the Criminal Code penalises illegal motor vehicle racing in road traffic in three distinct forms.
Organising or conducting an illegal race (§ 1(1)): a custodial sentence of between three months and five years.
Participating in an illegal race as a driver (§ 1(2)): a custodial sentence of between three months and five years.
Making preparations for an illegal race (§ 2): a custodial sentence of up to three years. This is an exceptional provision in Polish criminal law – the penalisation of preparatory acts is rare and reflects how seriously the legislature treats this offence. It means that criminal liability can arise before the race itself takes place.
Who Can Be Held Liable
The organiser or person conducting the race is liable under § 1(1) regardless of whether they personally drove in the race.
The participating driver is liable under § 1(2). Where an accident is caused, they may face additional liability under Article 177 or Article 174 of the Criminal Code.
Persons making preparations – securing the route, organising start points, designating marshals – may be classified as preparation under § 2.
Spectators and bystanders – mere passive presence does not give rise to liability under Article 178c. Active support (signalling about police, securing the route) may be classified as aiding or preparation.
Driving Disqualification – Different Scope Depending on Role
A participating driver (§ 1(2)) – Article 42 § 1a of the Criminal Code imposes a mandatory disqualification from driving all motor vehicles. The court must impose it – there is no discretion as to the fact of imposition. The length of the disqualification is between one and fifteen years.
An organiser of the race (§ 1(1)) – Article 42 § 1a does not apply where the organiser did not drive. The court may impose a disqualification under Article 42 § 1 as a discretionary measure, where the circumstances indicate that the person’s driving poses a risk to road safety.
Racing while intoxicated – Article 42 § 2 of the Criminal Code imposes a mandatory disqualification from driving all vehicles for at least three years where the offender committed a road traffic offence while intoxicated or under the influence of a narcotic.
Civil Liability and Insurance Recourse
A race participant who causes damage may be subject to recourse by the third-party liability insurer under Article 43 of the Compulsory Insurance Act – where they acted intentionally. The insurer will pay compensation to those injured and may then seek repayment from the offender.
How Law Enforcement Identifies Participants
The police identify participants using footage from urban monitoring cameras, dashcam recordings from other drivers, material published on social media, data from automatic number plate recognition systems and witness statements. Publishing race footage online – even after the event – can constitute significant evidence in criminal proceedings.
What to Do After Being Stopped
Do not make statements without a lawyer present. The right to remain silent applies from the first moment of detention. Do not comment on events on social media. Contact a lawyer as soon as possible – the scope of liability depends on the role played in the incident and requires individual assessment.
Contact Us
If you are suspected of participating in an illegal race, organising one or making preparations for one, it is worth discussing the matter with a lawyer as soon as possible.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
