Towards the Introduction of the “Road Homicide” Offense in the Belgian Penal Code?

Road safety remains a major concern in Belgium, especially in the case of fatal accidents involving drivers under the influence of alcohol or drugs. Currently, such incidents are legally classified as “involuntary manslaughter,” leading to prison sentences ranging from three months to five years and fines. However, this terminology and these penalties are deemed insufficient by many stakeholders, including the families of the victims, who believe that these acts result from deliberate behavior and not mere accidents.

Proposal by Vanessa Matz: Towards a New Criminal Qualification

Vanessa Matz, a federal parliamentarian and member of the Les Engagés party, has submitted an amendment aimed at introducing the offense of “road homicide” into the future Belgian Penal Code. This proposal seeks to replace the term “fatal traffic accident” with “road homicide” when the involved driver has committed a serious offense, such as driving under the influence of alcohol, drugs, or excessive speed. The goal is to recognize the severity of these behaviors and strengthen the corresponding penalties.

The New Penal Code and Penalty Levels

The new Penal Code, expected to come into force in April 2026, introduces a classification of offenses into different penalty levels. According to the current proposal, “fatal traffic accidents” would correspond to a level 3 penalty, meaning imprisonment for three months to five years. Vanessa Matz proposes to reclassify this offense as “road homicide” and assign it a level 4 penalty, meaning imprisonment for five to ten years. She emphasizes that this modification would better reflect the gravity of the acts committed and respond to the expectations of the victims’ families.

Arguments in Favor of “Road Homicide”

Supporters of this new classification argue that the current terminology minimizes the responsibility of negligent drivers. By classifying these acts as “road homicides,” it is acknowledged that the decision to drive under the influence or at excessive speeds is deliberate and involves a conscious risk, making the use of the term “accident” inappropriate. This reclassification also aims to enhance deterrence and raise awareness among drivers about the potential consequences of their actions.

Prospects for the Adoption of the Proposal

Vanessa Matz’s proposal has sparked debates within the Belgian Parliament. Although the new Penal Code introduces significant changes, the specific amendment to introduce the offense of “road homicide” has not yet been adopted. Discussions continue regarding the appropriateness of this reclassification and its potential impact on road safety and criminal justice in Belgium.

Conclusion

The initiative by some politicians to create the offense of “road homicide” reflects a desire to better adapt the legal framework to the contemporary realities of road safety. By recognizing the seriousness of risky behaviors and strengthening penalties, this proposal aims to deliver justice for victims and their families, while also contributing to the prevention of dangerous behaviors on Belgian roads.