Arson

Intentional arson is punishable under Article 157 of the Dutch Penal Code (DPC). This article reads as follows:

He who intentionally sets a fire, causes an explosion or causes a flood shall be punished:

1°.with imprisonment not exceeding twelve years or a fifth-category fine, if there is a common danger to property as a result;

2°.with imprisonment not exceeding fifteen years or a fine of the fifth category, if there is danger to life or serious bodily harm to another person;

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.

Arson is the intentional causing of a fire. The same penal provision also criminalizes the tweegbrengen of an explosion or causing a flood.

Before a judge can convict, several aspects must be proven. The important aspects include whether there was intent and whether there was common danger to property and/or danger to life for other persons.

Intent exists when the defendant intended to cause the fire. Conditional intent exists when the defendant knowingly accepted the substantial probability that his actions might cause a fire.

In addition to intent, there must be common danger to property and/or persons. Common danger to property exists when the fire causes danger to several nearby property. Think of a dumpster or a car near buildings, homes or persons. Mortal danger to persons refers to whether people have been endangered by the fire. Depending on whether this results in serious bodily injury or someone's death, the amount of the jail sentence or fine is determined.

Attempted arson and aiding and abetting arson are also punishable offenses. Attempted arson is punishable when the accused has already begun to carry out the arson. For attempted arson, according to Article 45 of the Dutch Penal Code, the maximum principal penalties are reduced by one-third. The same is stated for complicity in Article 49 of the Dutch Penal Code.  

In some cases, a person is not qualified as an accomplice, but as a co-perpetrator in arson. See, for example, the classic Wormerveer Arson ruling, in which the defendant believed he was only an accomplice, but because the cooperation between the two individuals was so complete and so close that he was classified as a co-perpetrator.

The District lawyer's Office has developed policies for their sentencing for arson. Their principles for first offenders are as follows:

Dumpster etc.

• A community service sentence of 60 hours or 1 month in jail for arson in a dumpster without significant other risks and without damage to other objects

• A prison sentence of 4-6 months for arson to an object in the vicinity of a shed, without causing damage to it

• A prison sentence of 6-8 months for arson to an object near a shed, if damage does occur there

• A prison sentence of 8-12 months for arson to an object endangering buildings or empty dwellings without causing damage to them

• A prison sentence of 10-30 months for arson to an object endangering buildings or empty dwellings, if damage does occur there

Car

• 4 months imprisonment for arson to a car without damage to other objects

• 6-8 months imprisonment for arson to a car with damage to other objects

• 10-30 months imprisonment for arson to a car, if this also caused danger to buildings or dwellings

Danger to life or danger of serious bodily injury

• If danger to persons is also involved (often with fireworks bombs), then principles of between 2 and 4 years imprisonment apply for first offenders

The prosecutor's office also recognizes punitive aggravating circumstances. These include:

• recidivism

• event or soccer related

• discriminatory aspects

• vulnerable victims

• evacuation needed

• considerable damage

The maximum prison sentences for arson are higher, by the way:

• 12 years for arson with general danger to property

• 15 years for arson if there is imminent danger of death or danger of grievous bodily harm to another person from it

• Life in prison for arson if it caused the death of a person

Arson by negligence is found in Article 158 of the Dutch Penal Code. It states:

He to whose fault fire, explosion or flood is due shall be punished:

1°.with imprisonment not exceeding six months or a fine of the fourth category, if this causes common danger to property;

2°.with imprisonment of not more than one year or a fine of the fourth category, if this causes danger to life or danger of grievous bodily harm to another person;

3°.with imprisonment not exceeding two years or a fine of the fourth category, if the offense resulted in a person's death.

The difference with Article 157 is that there is no intent involved, but there is a substantial degree of carelessness. In arson by fault, the defendant should have acted more cautiously, but the punishment is less than in intentional arson.

The following are several examples of arson:

• For throwing a fireworks bomb into a school, a 19-year-old was given a 12-month prison sentence of which 6 months was suspended and 200 hours of community service (RB The Hague June 13, 2024, ECLI:NL:RBDHA:2024:9123).

• Throwing a jerry can filled with gasoline against a boat, causing the gasoline from the jerry can to spill onto that boat near a hot stove pipe has caused common danger to that boat and property and danger to life for persons. This constitutes attempted arson (RB Overijssel January 25, 2018, ECLI:NL:RBOVE:2018:235).