Judicial boundary: the courts found the charged acts proved but also found the defendant not criminally responsible. The operative measure was security custody, not a conventional prison sentence.
The fire and the victims
Emergency services were called during the afternoon of 25 June 2020. Flames moved rapidly through the upper floors of the old timber building. Thirteen residents were inside; some escaped through windows or were rescued while others were trapped above the fire.
Isabela Kukla, 21, and Szczepan Marian Lakomy, 24, died from carbon-monoxide poisoning after inhaling smoke. Justyna Swidzinska, 26, died from head injuries after falling from the third floor while trying to escape. All three were Polish migrants. Ten other residents survived, four with injuries including smoke inhalation, burns and trauma from a fall.
The investigation
Police detained Marek Moszczynski, a resident of the building. The indictment alleged that he set fires in his second-floor room and at two places in the common area, including beneath the staircase to the third floor. He denied criminal guilt.
HMS, the public housing and construction authority, reconstructed the fire from the scene, photographs, video, witnesses and fire-dynamics modelling. Its December 2020 report found arson at two points overwhelmingly likely: first in a second-floor room and then, about a minute later, on the landing.
The report also documented conditions that magnified the harm. Fire compartmentation and escape openings shown on approved plans were absent; the building was used as rented rooms rather than the approved arrangement; and a former entrance had been closed, reducing escape options. These findings explain the fire’s spread without replacing the separate criminal finding about who set it.
Charges and district judgment
Prosecutors charged Moszczynski with arson, three homicides and ten attempted homicides, plus an unrelated offence against public authorities. The court considered physical evidence, video, witness testimony and expert psychiatric assessments.
On 3 June 2021, Reykjavík District Court found it proved that he had committed the acts in the indictment. It also concluded that his mental condition excluded criminal punishment. The court therefore ordered security custody at an appropriate institution rather than an ordinary prison term and awarded compensation connected to the deaths and injuries.
This was not a factual acquittal. The judgment established the conduct while applying Icelandic rules for a defendant whom the court found could not be punished.
Landsréttur confirms the outcome
The prosecution sought confirmation in Landsréttur. Moszczynski sought acquittal or removal of the custody measure. On 10 June 2022, the appellate court upheld the finding that he committed the charged acts. Because of the seriousness of the conduct and the expert evidence, it refused to cancel security custody.
No reliable source located for this review reported that the appellate outcome was later overturned. The case is therefore classified as adjudicated acts with security custody upheld, not as a fixed-term murder sentence.
Housing and fire-safety failures
HMS concluded that the century-old building’s layout and fire protections did not match approved plans and that its room-by-room use required stronger safeguards. The inquiry prompted scrutiny of older rental housing, inspections, registration practices and escape routes.
Those systemic findings do not transfer responsibility away from the deliberate acts established in court. They document why the fire became so destructive and which preventable hazards placed residents at greater risk.
Verified timeline
- 25 June 2020: three residents die and four survivors are injured.
- 28 June 2020: police confirm the homicide investigation and detention.
- September 2020: prosecutors file arson, homicide and attempted-homicide charges.
- 18 December 2020: HMS publishes its technical report.
- 3 June 2021: the district court finds the acts proved, rules the defendant not criminally punishable and orders security custody.
- 10 June 2022: Landsréttur confirms the judgment and custody measure.
Frequently asked questions
How many people died?
Three: Isabela Kukla, Szczepan Marian Lakomy and Justyna Swidzinska.
Did the courts find deliberate arson?
Yes. Both courts found that the defendant committed the charged acts.
Why was there no prison term?
The courts found him not criminally punishable and imposed security custody.
Sources and source-quality review
- Metropolitan Police — investigation notice28 June 2020 · official deaths, detention and investigation record.
- HMS — technical fire findings18 December 2020 · ignition, spread, layout and escape-route findings.
- RÚV English — district judgment3 June 2021 · acts proved and security custody.
- Vísir — appellate judgment10 June 2022 · Landsréttur outcome.
- Vísir — indictment and victims25 September 2020 · names, ages, causes of death and charges.
Editorial review: the fire’s mechanics were checked against the public technical report and the legal outcome against separate district and appellate reporting. Mental condition is stated only as a legal finding.