New crime of 'road murder' to be added to Belgian law

Starting next year, drivers who cause the death of another person on the road with aggravating circumstances such as reckless or drink-driving will no longer be charged with causing an accidental death but with "road homicide", a reclassification that will allow for harsher prison sentences.

The bill was introduced by justice minister Annelies Verlinden (CD&V) and was included in the Arizona government agreement that was passed by the Council of Ministers just before the summer break, RTBF reports.

“Using terms such as ‘regrettable accident’ in the event of a death on the road is no longer compatible with the seriousness of dangerous behaviour on the road, let alone its potential consequences,” said Verlinden.

Currently, the Belgian criminal code provides for a level 3 penalty for anyone who causes a "fatal traffic accident", with the offender facing up to five years in prison and a fine of €10,000.

The reclassification will allow for tougher prison sentences and higher fines for offenders, particularly those who drive under the influence of alcohol or other substances, but also for repeat offenders, those who drive without a licence or who run red lights. In these specific cases, the penalty could rise to 10 years in prison.

The new legislation stems from the advocacy efforts of the parents of 24-year-old Romane, who was fatally hit by a drunk driver in Ixelles in 2023. The driver was then prosecuted for a fatal accident.

“It was really a term we couldn't accept,” said Nathalie Motte, Romane's mother. “The driver had 1.9 grams of alcohol in his blood. He chose to get behind the wheel, he knew what he was doing. His car became a weapon.

"The term ‘accident’ was impossible for us to hear. That's why we fought. The sentence is completely disproportionate to the seriousness of the offence. So there also needed to be a higher level of punishment.”

The trial of Romane's driver is due to take place in the coming months but because the accident occurred before the new law came into force, Romane's case will still be treated as an accident.

“[Still], it was really important that this law was passed, that it exists, for other victims,” Motte said, adding her thanks to everyone who supported the initiative.

“It's also a tribute to Romane. We did it for her. We really had the support of a community that rallied behind us. We managed to make a difference.”

With this change to the criminal code, Belgium is aligning itself with other countries. In England and the Netherlands, the criminal concept of manslaughter in the context of traffic already exists.

France has just introduced "road homicide" into its legal code, also following an initiative from victims' associations.

“With this government, we are committed to an ambitious road safety strategy,” said minister Verlinden.

“Traffic offenders will be punished more quickly and more severely, especially repeat offenders who commit serious offences.

"We must be tougher on stubborn offenders. In Belgium, there are 40,000 road casualties every year, of whom nearly 500 die. This figure must be reduced."