Recent reforms to the Criminal Code have significantly increased the criminal liability in such cases. Federal Minister of Justice Annelies Verlinden has, in fact, introduced a new bill which has since been approved by the Chamber of Representatives. This provision will come into force on 8 April 2026, alongside the new Criminal Code.

The current Criminal Code stipulates that anyone who unintentionally causes the death of another person in a road traffic accident shall be punished with a prison sentence of three months to five years and a fine of 50 to 2,000 euros (Article 419, paragraph 2).

The new Criminal Code of 2024 stipulates that anyone who causes the death of another person through a serious lack of care or caution is liable to a level 2 penalty (imprisonment for up to 3 years) (Article 106). In addition, the Criminal Code also provides for a specific penalty for ‘fatal road traffic accidents’ (Article 107). From now on, this may be punished with a Level 3 penalty (imprisonment for up to 5 years). Causing someone’s death in a road traffic accident therefore constitutes an aggravating factor.

Initially, the legislature did not consider the precise cause of the road traffic accident to be decisive in determining the applicable penalty. Ms Verlinden’s bill aims to change this by introducing a new Article 107/1 into the Criminal Code.

‍

What will change now?  

Firstly, the terminology is changing. In the cases specified in Article 107/1 of the new Penal Code, the term ‘fatal road traffic accident’ will no longer apply; instead, the term ‘manslaughter in road traffic’ will be used. This change in terminology aims to raise awareness among road users, but also to focus more attention on the bereaved families of road traffic victims. In this sense, the amendment is undeniably symbolic.

‍

In addition, the article provides for an additional increase in the severity of the penalty to penalty level 4 (imprisonment for 5 to 10 years) where the offences are accompanied by a serious traffic violation. With this increase, the legislator wishes to emphasise that anyone who participates in traffic and, through their own behaviour, can have a potentially significant impact on the lives and physical integrity of other road users, bears a special responsibility.

Serious traffic offences that will justify an increased penalty are:  

-        fourth-degree offences

-        driving through a red light

-        using a mobile phone whilst driving

-        speeding by more than 40 kilometres per hour or more than 30 kilometres per hour within a built-up area, in a 30 km/h zone, school zone, courtyard or residential area

-       driving without a legally required driving licence or driving with a driving licence that has been revoked, declared invalid, suspended or withheld (except for driving licences whose validity has expired for less than one year)

-        driving whilst intoxicated or in a similar state under the influence of drugs

-        driving with a driving licence that is only valid for vehicles fitted with an alcohol interlock, whilst the vehicle is not fitted with an alcohol interlock.

‍

In principle, these provisions will come into force on 8 April 2026, alongside the new Criminal Code.

For drivers facing such a case, a thorough analysis of the criminal record will therefore be all the more important. Evidence of a serious traffic offence in conjunction with a fatal road accident will need to be examined with particular scrutiny. After all, the impact on the final sentence is considerable. This makes timely and specialised legal guidance even more important.

‍

If you have any questions, please do not hesitate to contact us.