Antwerp Police Court: 18-Month Suspended Sentence and Three-Year Driving Ban After Fatal Accident in Kapellen
The Antwerp Police Court delivered a highly discussed judgment on 28 October 2025, following a fatal road accident that occurred in Kapellen last January.
A 23-year-old driver of Italian-Romanian origin was sentenced to 18 months in prison, suspended, and a three-year driving ban after he struck and killed 14-year-old Jasper at a cycling crossing.
The Facts
On 27 January 2025, Jasper was crossing a cycle path when he was hit by a van.
The investigation revealed that the driver was travelling at 75 km/h in a 50 km/h zone and was under the influence of alcohol (1.17 g/l) and drugs.
Despite immediate medical assistance, Jasper was declared brain dead at the hospital.
An Admission of Responsibility
During the hearing, the defence did not dispute the facts.
The driver’s lawyer, Mr. Jens Vanhellemont, stated:
“There is no excuse for this. My client fully realises the gravity of what he has done and is consumed by guilt.”
The public prosecutor had called for a heavier sentence: a five-year driving ban and two years in prison, partly suspended.
The Court’s Decision
The Police Court ultimately imposed:
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18 months in prison, suspended,
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a three-year driving ban.
The suspended sentence means the defendant will not serve time if he commits no further offences during the probation period.
Legal Context
Under Belgian law, this conduct qualifies as involuntary manslaughter (Article 418 of the Criminal Code) — the death of another person through negligence, recklessness, or inattention, without intent to kill.
When determining the penalty, the court considers:
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the severity of the driving offences (speed, alcohol, drugs);
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the personal circumstances of the driver (age, prior record, remorse, cooperation);
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and the human consequences of the incident.
The driving ban is governed by the Road Traffic Act (Articles 34 et seq.) and can range from 8 days to 5 years, or even be permanent in the most serious cases.
A Judgment That Raises Questions
While consistent with Belgian case law, the ruling naturally raises questions.
Some wonder whether a suspended sentence adequately reflects the gravity of behaviour involving speed, intoxication, drugs, and the death of a child.
Others highlight the court’s intent to weigh the driver’s personal situation — a young man without prior convictions, profoundly affected by what happened.
Belgian criminal law remains anchored in an individualised, human approach: its aim is not merely to punish, but to encourage responsibility and prevent reoffending.
Reflection
This case serves as a painful reminder of how fragile life is and how great the responsibility of every driver remains.
In a matter of seconds, a single error — an extra drink, a touch more speed — can destroy several lives: that of an innocent victim and that of a young man who must live with the consequences.
The court’s sentence cannot undo the loss, but it seeks to acknowledge the gravity of the act while allowing space for rehabilitation.
💬 If you have questions about your rights, police court proceedings, or the consequences of a driving ban, feel free to contact me directly.
