Today, Minister of Justice Annelies Verlinden (CD&V) will present a bill to introduce ‘traffic manslaughter’ as a criminal offense. The term ‘traffic manslaughter’ is introduced as a new criminal law concept. This is a terminological change, but it also entails heavier penalties in certain circumstances.

Anyone who causes a fatal traffic accident in Belgium faces a maximum prison sentence of five years and a fine of 10,000 euros, regardless of the reason for the accident. However, Minister Verlinden now aims to change this qualification to ‘traffic manslaughter’, to raise awareness among perpetrators, especially reckless drivers.

More severe penalties

“Road safety is an absolute priority for this government, and we want to send a clear message to all road users, especially to repeat offenders who still don’t seem to realise the consequences of their reckless driving. […] It is also important for the survivors to adapt our language, particularly in criminal law, so that it is better aligned with reality.”

It may also carry more severe penalties. Suppose the driver is convicted of road homicide because the offender was driving under the influence of alcohol or drugs, without a valid driver’s license, or ignored a red light. In that case, the maximum sentence increases to ten years and the fine to 16,000 euros.

Road homicide as a criminal law concept already exists abroad: in England and Wales, and most US states. In the Netherlands, killing by a motorist is a specific offense, and in France, following a recent law, prompted by victims’ associations and others, the concept of ‘homicide in traffic’ – ‘homicide routier’ in French – was introduced.

Modernizing legislation

Verlinden also steps up the fight against organised crime, drug crime, and money laundering. Penalties for drug trafficking and drug transport will be increased.

Criminal organizations that use young people for their activities—such as keeping an eye on deals, transporting drugs, or inciting them to commit attacks or violent crimes—will be dealt with harshly and receive harsher sentences.

Arms trafficking will also be dealt with more rigorously. Anyone operating as an arms dealer without the required authorization will now risk a harsher penalty. “By modernizing legislation and increasing penalties where necessary, the rule of law is strengthened and citizens are better protected,” concludes Minister Verlinden.