Causing death on the road in Belgium: what changes under the new Criminal Code

A fatal road accident devastates everyone concerned: the victim’s relatives, but also the driver who caused the accident. For a long time, such an accident was treated under criminal law as ordinary involuntary manslaughter. Whether the driver had a moment’s inattention, or was driving with far too much alcohol and far too fast, made little difference to the penalty laid down by law.

The new Criminal Code, which came into force on 1 September 2026, changes that. It makes homicide in the context of road traffic (homicide dans le cadre de la circulation) a separate offence and also creates homicide in the context of road traffic with aggravating circumstances, often called “road homicide” (homicide routier) in the media, which carries much heavier penalties. English speakers often search for “death by dangerous driving”, but that is the British term: the Belgian offences have a different name and different conditions. In this article, we explain what these concepts cover and what they mean in practice. For hit-and-run (délit de fuite) after an accident, see our article on hit-and-run. What you should do immediately after an accident is covered in our article car accident in Belgium: what to do?.

What was the position before?

Until 31 August 2026, a fatal road accident was prosecuted under Article 419 of the former Criminal Code: involuntary manslaughter (homicide involontaire) through lack of foresight or care. Where it concerned a road accident, a higher penalty applied, with a prison sentence of up to five years.

Victims’ associations and some politicians felt that this system did not draw enough distinctions. In the eyes of the law, a driver who fails to see a cyclist in their blind spot was on the same footing as a drunk driver who races through a residential area at 160 km/h. According to this criticism, someone who knowingly takes major risks is no longer causing an “accident”.

Homicide in the context of road traffic (Article 107)

The new Article 107 of the Criminal Code punishes causing death through a serious lack of foresight or care while taking part in road traffic. It carries a level 3 penalty.

Level 3 corresponds to a prison sentence of more than 3 years up to 5 years. The judge may also, especially where there are mitigating circumstances, impose a lower-level penalty, such as community service, a probation sentence, electronic monitoring or a fine. So the maximum prison sentence is no higher than before, but the offence now has its own name and its own place in the Criminal Code.

There is also infringement of physical integrity under Article 218 of the Criminal Code (atteinte à l’intégrité): causing injury through a lack of foresight or care in road traffic. This offence carries a level 2 penalty.

Homicide in the context of road traffic with aggravating circumstances (Article 107/1)

The biggest new feature is Article 107/1. Where a fatal road accident is accompanied by certain serious circumstances, it carries a level 4 penalty: a prison sentence of more than 5 years up to 10 years. That is double the former maximum.

These circumstances include in particular:

• drunkenness or a similar state under the influence of drugs;
• running a red light;
• driving with a mobile phone in hand;
• serious speeding: more than 40 km/h over the limit, or more than 30 km/h in a built-up area, a 30 zone, near a school or in a residential zone;
• driving without the required licence, or while it is withdrawn, under a driving ban or suspended;
• driving without the alcohol interlock (éthylotest antidémarrage) that was imposed;
• a fourth-degree offence.

The offence was adopted by the Chamber on 29 January 2026 and came into force on 1 September 2026, together with the new Criminal Code.

Which questions arise in practice?

As the offence is new, there is no case law on it yet. A few questions will play an important role in cases:

• The causal link. Must the aggravating circumstance itself have caused the accident, or is it enough that it was present? For the defence, this is a central question, for example where someone ran a red light but the victim suddenly stepped out into the road.
• Proof of the circumstance. The speed must have been correctly established or reconstructed, drunkenness must be apparent from the police findings, and mobile phone use from witnesses or phone data.
• The line with homicide in the context of road traffic without aggravating circumstances. Not every fault turns an accident into homicide with aggravating circumstances. The list of circumstances is limited.

The driving ban

On conviction for homicide in the context of road traffic, the judge also imposes a driving ban of 3 months to 5 years, or a permanent one. The judge may make the restoration of your right to drive conditional on passing reinstatement exams (examens de réintégration), such as a theory and practical test and a medical and psychological examination. See our article on reinstatement exams.

If you are convicted both of homicide in the context of road traffic and of driving under the influence of alcohol or drugs, drunkenness or serious speeding, the ban is at least three months. If you were also a repeat offender for alcohol or drugs, it is at least one year. In those cases, you only get your licence back after the four reinstatement exams: a theory test and a practical test, a medical examination and a psychological examination (Article 38, §2 of the Act of 16 March 1968). For an accident causing injury, a minimum of six months applies if you were a repeat offender for alcohol or drugs.

The public prosecutor (parquet) often has the licence withdrawn immediately after a fatal accident, especially where alcohol, drugs or serious speeding are involved. See our article on immediate withdrawal of a driving licence.

Facts before 1 September 2026

For a fatal accident that happened before 1 September 2026 but only comes before the judge after that date, the principle of the more lenient criminal law applies. The judge applies the law that is most favourable to the defendant. The heavy penalties for homicide in the context of road traffic with aggravating circumstances therefore cannot be applied to facts that predate its entry into force.

The victim and their relatives

Relatives can join the criminal proceedings as a civil party (partie civile). The police judge then rules in the same judgment on their compensation. The damage that relatives can claim is explained in our article on compensation for relatives after a death.

Regardless of the question of fault, Article 29bis of the Act of 21 November 1989 on compulsory motor third-party liability insurance (the Motor Insurance Act, loi RC auto) provides for automatic compensation of vulnerable road users, such as pedestrians and cyclists, and passengers. Their personal injury, and that of their relatives, is compensated by the insurer of the motor vehicle involved, even if the driver was not at fault.

Defence after a fatal accident

A prosecution for homicide in the context of road traffic, let alone with aggravating circumstances, requires careful preparation from the very first police interview. You have the right to consult a lawyer beforehand and to be assisted by them during the interview. See our article on your rights during a police interview.

• How the accident happened. In many cases, the public prosecutor appoints a road accident expert. Their reconstruction of speed, visibility and reaction time is often decisive. You can bring in your own technical adviser and request additional investigative steps.
• The fault. Article 107 requires a serious lack of foresight or care. The victim’s own fault can also play a role.
• The aggravating circumstance. Was the speed correctly determined? Was there really drunkenness or mobile phone use at the time of the accident?
• The penalty. The judge takes into account your attitude after the accident, your record and your personal situation. Even after a conviction, alternative penalties remain possible.

You have the right to consult a lawyer before your first interview and to be assisted by them. Use it: what you say in those first hours stays on the file.

Frequently asked questions

Have your case reviewed

Have you been involved in a fatal or serious road accident, or have you been invited to a police interview? We assist you from the first interview and prepare your defence carefully. Contact us.

Law as at 1 October 2026. We update this article when the rules change.