വ്യാപാര സ്ഥാപനങ്ങൾക്ക് നേരെയുള്ള ആക്രമണങ്ങൾ: അടച്ചുപൂട്ടൽ, ക്ലെയിമുകൾ, ഇൻഷുറൻസ്

If your business premises are hit by an explosion or a shooting, you are dealing with more than a criminal case. You may face a closure order from the mayor, a duty of care towards your staff and a claim against your insurer, often all at once. The most important exception: a mayor can close premises after an attack even when you did nothing wrong.

How does the criminal law treat an explosion at your premises?

Deliberately causing an explosion is a serious crime. Under article 157 of the Dutch Criminal Code (Wetboek van Strafrecht), the maximum sentence is 12 years’ imprisonment if property is put at risk, 15 years if lives are put at risk, and life imprisonment or up to 30 years if someone dies.

Attempted arson and the possession of heavy fireworks or explosives can also lead to substantial sentences. Investigations often reach the people who placed the device sooner than the people who ordered the attack. That is one reason why your own position in the criminal proceedings deserves attention.

Can you claim your loss in the criminal case?

Yes. As an injured party (benadeelde partij) you can join the criminal proceedings and claim your loss there, instead of starting separate civil proceedings. The criminal court will only award the claim if it is clear and well documented, so start collecting invoices, quotes and photographs straight away.

Victims may also have the right to speak at the hearing (spreekrecht). According to article 51e of the Dutch Code of Criminal Procedure, this right applies to crimes that carry a maximum sentence of eight years or more, which includes causing an explosion. Whether and how a business can use it depends on the case, so discuss this with your lawyer in good time.

Can the mayor close your premises after an attack?

Yes, and this is the consequence entrepreneurs least expect. The mayor can order a closure to restore public order and to protect the neighbourhood, even if you are not at fault.

The legal basis is article 174a of the Municipalities Act (Gemeentewet). It allows the mayor to close a dwelling, premises that are not open to the public, or the land belonging to them, for example when public order is disturbed or a weapon is found inside. Serious violence or the threat of it in or near the property, such as an explosion or shooting, can be enough. For premises that are open to the public, such as a shop or restaurant, the mayor relies on other powers. Which basis applies determines what the mayor must show.

The measure is aimed at the location, not at the person responsible. A business that did nothing wrong can therefore be closed for weeks or months. The mayor must still weigh all interests and act proportionately, which includes the consequences for an innocent owner or user.

How do you challenge a closure order?

A closure order is an administrative decision (besluit), so you can challenge it. You file an objection (bezwaar) with the mayor within six weeks, according to article 6:7 of the General Administrative Law Act (Algemene wet bestuursrecht). If the matter is urgent, you can also ask the administrative court for interim relief (voorlopige voorziening).

These cases are usually argued on two points: is a closure proportionate, and is its duration justified? Act quickly, because your loss grows every day the premises stay closed.

What do you owe your employees after an incident?

You must provide a safe working environment, and after a violent incident that duty becomes concrete. Under article 5 of the Working Conditions Act (Arbeidsomstandighedenwet), your risk assessment and evaluation (RI&E) must be updated when working conditions change. An attack on your premises is such a change.

In practice this means three things:

• review the risks and update the risk assessment to reflect the new situation;
• take additional security measures where necessary;
• offer support to staff who were affected.

An employee who cannot work as a result is on sick leave, with the ordinary reintegration obligations for both of you. An employer that ignores the psychological effects of an incident risks a claim from the employee and a much longer absence.

Will your insurance cover the damage?

Insurance is often where the real dispute lies. Property policies commonly cover explosion and fire damage. But check your specific policy on three points: business interruption cover, how consequential loss is treated, and exclusions for criminal activity or a known threat.

If your insurer relies on a breach of the duty of disclosure or on an exclusion, you do not have to accept that position as it stands. It can be examined, and the insurer must prove that an exclusion applies.

According to article 7:941 of the Dutch Civil Code, you must report the loss to your insurer as soon as reasonably possible and provide the relevant information and documents. If you do not, the insurer may reduce the payment by the loss this caused it. So report the incident promptly, document everything before repairs begin, and keep loss records from day one.

What should you check as an entrepreneur after an attack?

Check the dates first: the six-week objection period under Articles 6:7 and 6:8 Awb starts the day after the closure order is made known. Then go through these points:

• On which legal basis did the mayor close the premises, and for how long?
• Have you reported the loss to your insurer and photographed the damage before repairs start (Article 7:941 BW)?
• Does your policy cover business interruption, and does it exclude a known threat?
• Have you filed a police report and started collecting invoices and quotes for an injured-party claim?
• Has the risk assessment (RI&E) been updated under Article 5 of the Working Conditions Act?

What can we do for you after an attack on your premises?

നമ്മുടെ ക്രിമിനൽ അഭിഭാഷകർ work together with our administrative and insurance lawyers on these files:

• We draft the objection (bezwaar) against a closure order and file it within the six-week period.
• We apply to the administrative court for interim relief (voorlopige voorziening) when the closure cannot wait.
• We prepare your injured-party claim (vordering benadeelde partij) with the supporting documents.
• We review the insurer’s refusal or reliance on an exclusion and respond in writing.
• We advise on your duties towards staff, including the update of the risk assessment.

ചുരുക്കം

• Causing an explosion carries up to 12 years’ imprisonment, or more if lives are at risk (article 157 Dutch Criminal Code).
• You can claim your loss as an injured party in the criminal case, provided it is well documented.
• The mayor can close premises after an attack even without fault on your part; you can object within six weeks and ask for interim relief.
• Update your risk assessment and support affected staff after an incident.
• Report the loss to your insurer as soon as reasonably possible; the insurer must prove any exclusion it relies on.

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