Traffic manslaughter is now a criminal offense in Belgium. The Chamber has given the green light for this. Previously, fatal accidents were usually classified as ‘unintentional homicide’. The new legislation, based on a bill drafted by Minister of Justice Annelies Verlinden (CD&V), now makes vehicular homicide a separate crime with significantly increased penalties.

The call for this law came mainly from society and from the victims’ relatives. That is why the law is initially a symbolic change: the word ‘accident’ does not fully capture the meaning, especially in cases of reckless driving.

This concerns situations involving aggravating circumstances, such as driving under the influence of alcohol or drugs, extreme speeding, driving without a valid driver’s license, and fleeing the scene of an accident. The term ‘unintentional killing’ often felt unjust to relatives in cases such as those listed above.

Stricter penalties

Under the criminal code, anyone convicted of ‘causing a fatal traffic accident’ received a maximum prison sentence of five years and a fine of €10,000, regardless of the reason for the accident.

With the reform to ‘traffic manslaughter’, the hope is not only to increase deterrence but also to impose potentially heavier penalties. If vehicular homicide is committed because the perpetrator was driving under the influence of alcohol or drugs, without a valid driver’s license, or ignored a red light, the maximum sentence increases to ten years and the fine to €16,000. In many cases, the driver’s license is also immediately revoked for a long period or permanently.

General trend in EU

Belgium is certainly not the only country to have taken this step of replacing the term ‘unintentional killing’ with more severe terms such as ‘traffic manslaughter’ or ‘traffic murder.’ Italy, for example, was one of the pioneers in this area: in 2016, it introduced the ‘Omicidio Stradale’ law, with penalties of up to 18 years.

France has also recently abolished the term ‘homicide involontaire’ (involuntary manslaughter) for traffic offenses with aggravating circumstances. In the Netherlands, the term ‘traffic manslaughter’ is not defined in law, but legislation was significantly tightened in 2020. The law has also been tightened recently in Spain, Ireland, and Poland, reflecting a broader trend across Europe.