Drivers responsible for fatal road accidents through reckless or dangerous behaviour could soon be prosecuted for “road homicide”, if Justice Minister Annelies Verlinden gets her way.
Belga reports that Verlinden is planning to toughen up Belgium’s road safety legislation. In certain circumstances, drivers who cause fatal accidents could serve up to 10 years in prison.
A draft bill outlining the proposal was presented to the Council of Ministers on Friday.
At present, the Penal Code recommends a Level 3 penalty for anyone who causes a fatal road accident.
This penalty, which can carry a prison sentence of up to five years and a fine of €10,000 euros, applies regardless of the reason for the accident - be it careless driving or driving under the influence of alcohol or drugs.
Under the proposed new law, a driver who causes a fatal accident on the road would be prosecuted for “road homicide”.
The draft bill allows for harsher penalties in certain circumstances, such as driving under the influence of alcohol or without a license, or failing to stop at a red light.
The maximum penalty will then be considerably higher than what it is now - up to 10 years' imprisonment and a fine of €16,000.
The reform aims to not only hand out more appropriate sentences, but also to give a greater sense of justice to victims of road accidents.
Last year, 171 drivers died on Belgium's roads, with 89 cyclists and 70 pedestrians also losing their lives. The current Federal Government has set a target of halving the number of road deaths by 2030, with a further aim of zero road deaths by 2050.
Overall, roads are getting safer in Belgium. In 2024, all indicators for road safety in Belgium improved compared to 2023, according to additional figures released by Statbel this week.
What are the rules like in other countries?
The proposed law on “road homicide” would bring Belgium into line with other countries that have adopted similar legal definitions and tougher penalties for reckless drivers.
Earlier this month, French lawmakers voted to introduce the new criminal offence of “road homicide”. Like the proposed Belgian law, this would apply when a fatal road accident has been caused by a driver who has concurrently committed another offence, such as driving under the influence of drugs or alcohol.
The French law was introduced following years of campaigning by families of road accident victims.
In the UK, while there is no offense of vehicular or road homicide, causing death by dangerous driving is a serious criminal offense, carrying severe penalties. In 2022, the maximum sentence for the offence was increased to life imprisonment, and offenders also face a driving disqualification of at least five years.
