Intentionally setting a fire, or causing an explosion or a flood, is a crime that in principle carries a fairly high penalty. It is a crime that endangers the general safety of persons or property. In principle, intentionally causing a fire, explosion or flood carries a maximum penalty of up to 12 years' imprisonment or a fifth-category fine (€103,000) for endangering property, up to 15 years' imprisonment or a fifth-category fine for endangering serious bodily injury, and up to 30 years' imprisonment for life or temporary imprisonment or a fifth-category fine for endangering the life of another person and if the offense results in someone's death. This crime may also be committed with a terrorist intent.
What does the article of law say regarding intentionally causing fire, explosion or flood?
The article of law that criminalizes intentionally causing fire, explosion or flooding, Article 157 of the Penal Code, reads as follows:
'He who intentionally sets fire, causes an explosion or causes a flood shall be punished:
1. with imprisonment for not more than 12 years or a fine of the fifth category, if there is a general danger to property as a result;
2. with imprisonment not exceeding fifteen years or a fine of the fifth category, if there is imminent danger of death or serious bodily injury to another;
3. with life imprisonment or temporary imprisonment not exceeding thirty years or a fine of the fifth category, if there is imminent danger to another person's life and the act results in someone's death.
What penalties can be imposed for intentionally causing a fire, explosion or flood?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers will ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for intentionally causing a fire, explosion or flood is twelve years. Under special circumstances as mentioned in the article of law, the maximum prison sentence can reach up to life imprisonment or temporary imprisonment for up to thirty years. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected intentional causing of a fire, explosion or flood. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a defendant has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Lawyers may argue circumstances why a low(er) sentence should follow.
Is an attempt to intentionally cause a fire, explosion or flood a criminal offense?
An attempt to intentionally cause a fire, explosion or flood may also be punishable. It follows from Article 45 Criminal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to intentionally cause a fire, explosion or flood. In criminal law, this is also known as (conditional) intent. (Conditional) intent exists if a defendant has knowingly accepted the substantial probability that the consequence mentioned in the penal provision will occur
An attempt to intentionally cause fire, explosion or flood is subject to a lower maximum prison sentence than a completed intentional causing of fire, explosion or flood. This is because the maximum prison sentence for an attempt is reduced by 1/3 of the maximum prison sentence for the completed offense.
Exoneration for (attempted) intentional fire, explosion or flood?
With regularity, suspects are acquitted of this crime. An example is shown below.
In one case, the defendant was suspected of intentionally causing a gas explosion at his residence and attempted burglary of a school building. The court acquitted the defendant of both charges, as there was insufficient evidence to confirm that the explosion was intentionally caused or that the defendant was involved in the attempted burglary.
Need a lawyer for intentionally causing a fire, explosion or flood?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of intentionally causing a fire, explosion or flood. Our attorneys will discuss the criminal case with you and work with you to determine a strategy that will achieve your desired success. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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