Fatal road accident in Belgium: causing death in traffic, penalties and defence

A fatal road accident is a devastating event for everyone involved: first and foremost for the bereaved family, but also for the driver, who has to live with the consequences while facing criminal proceedings. If alcohol or drugs were involved, those consequences weigh even more heavily. This article explains what happens legally after a fatal road accident in Belgium, which penalties the law has provided since 1 September 2026 for causing death in traffic, and what the defence focuses on.

Causing death in traffic: a separate offence

In the past, a fatal road accident was prosecuted as involuntary manslaughter (Articles 419 and 419bis of the former Criminal Code). Since 1 September 2026, the new Criminal Code (Code pénal / Strafwetboek) has contained a specific offence: causing death in traffic (homicide dans le cadre de la circulation / doding in het verkeer, Article 107). It is still an offence committed without any intent to kill. The accusation is a serious lack of foresight or precaution in traffic that caused the death of another person.

What penalty do you face after a fatal road accident?

For causing death in traffic, the law provides for a level 3 penalty (niveau de peine / strafniveau), meaning a prison sentence of more than three and up to five years. If the offence is accompanied by one of the aggravating circumstances listed in the law, such as driving while drunk or in a similar state caused by substances that reduce alertness at the wheel, running a red light or driving without the required licence, it becomes aggravated causing death in traffic (Article 107/1). That offence carries a level 4 penalty: a prison sentence of more than five and up to ten years.

Where there are mitigating circumstances, the court may impose a penalty of a lower level. For causing death in traffic, this opens the way to level 2 or even level 1 penalties (Article 36 of the Criminal Code), such as community service (peine de travail / werkstraf), electronic monitoring or a probation sentence.

For offences committed before 1 September 2026, the rules in force at that time continue to apply, namely involuntary manslaughter under the former Criminal Code, unless the new rules are more favourable (Article 2 of the Criminal Code). See also our overview of the new Criminal Code and road traffic.

The drink or drug driving offence comes on top

A driver who was under the influence of alcohol or drugs is also prosecuted for that traffic offence itself. From 0.35 mg/l of exhaled alveolar air (0.8 per mille), it is alcohol intoxication within the meaning of Article 34, § 2 of the Road Traffic Act (loi relative à la police de la circulation routière / Wegverkeerswet). For offences committed from 1 September 2026, this is a level 1 offence, punishable by a fine of 2,000 to 20,000 euros (including the statutory surcharges, known as décimes additionnels).

The same range of 2,000 to 20,000 euros applies to driving under the influence of drugs (Article 37bis, § 1) and to drunkenness (Article 35). Drunkenness also entails a mandatory driving ban of at least one month. Anyone who intentionally refused a breath test or breath analysis faces the same penalty as for alcohol intoxication (Article 34, § 2).

You can read more about the limits in our article on the drink driving limit in Belgium.

Your driving licence after a fatal accident

Immediate withdrawal

After a fatal accident clearly due to a serious lack of foresight or caution, the public prosecutor may have your driving licence withdrawn immediately (retrait immédiat / onmiddellijke intrekking), as is also possible in the case of alcohol intoxication (Article 55 of the Road Traffic Act). This withdrawal lasts fifteen days and may be extended by the police court (tribunal de police / politierechtbank) by no more than three months (Article 55bis). Read more about immediate withdrawal.

The driving ban as a penalty

In addition to the main penalty, a conviction for causing death in traffic exposes you to a driving ban (déchéance du droit de conduire / verval van het recht tot sturen) under Article 38, § 1, 2° of the Road Traffic Act. If the offence goes together with certain traffic offences, including alcohol from 0.35 mg/l, drunkenness, drugs, speeding or a serious offence of the second to fourth degree, the driving ban lasts at least three months. You must then also pass four reinstatement examinations (examens de réintégration / herstelexamens): the theory test, the practical test, the medical examination and the psychological examination (Article 38, § 2). For a repeat alcohol, drunkenness or drug offence within three years, the driving ban lasts at least one year.

Read more about the driving ban and the reinstatement examinations.

Which court has jurisdiction?

The police court has jurisdiction over fatal road accidents, including aggravated causing of death and even where the law provides for a prison sentence (Article 138, 6°bis, of the Code of Criminal Procedure, which since 1 September 2026 expressly refers to Articles 107, 107/1 and 218 of the Criminal Code). In principle, only where the accident is connected with offences outside its jurisdiction, such as intentional acts, does the case go to the criminal court (tribunal correctionnel / correctionele rechtbank). In serious accidents, the public prosecutor often appoints an accident reconstruction expert or requests a judicial investigation. How a hearing works is explained in our article on how the police court works.

What does the defence focus on?

• The first interview. You have the right to a confidential consultation with a lawyer before the police interview and to their assistance during it. What you say in the first few hours carries great weight in the case file. Read more about your rights during a police interview.
• The causal link. Not every accident involving a driver under the influence is caused by that influence. The reconstruction, the expert report, the traces, the camera footage and the behaviour of other road users determine which fault led to the death.
• The measurements. The breath analysis, the blood test and the drug analysis must be carried out in accordance with the statutory procedure. You can request a second breath analysis or a counter-analysis of the sample.
• The aggravating circumstances. Whether they are proven determines whether you face a level 3 or a level 4 penalty. That issue must be argued explicitly.
• The sentence. A clean criminal record, genuine remorse, acknowledgement of the harm caused and your personal circumstances all play a role. A suspended sentence (sursis / uitstel) is possible for penalties not exceeding level 3, including the driving ban (Article 65 of the Criminal Code), possibly with probation conditions such as traffic therapy or alcohol treatment; at least eight days of a driving ban must, however, actually be served (Article 41 of the Road Traffic Act). Suspension of the pronouncement of sentence (suspension du prononcé / opschorting) is also legally possible, provided you consent (Article 64 of the Criminal Code). Read more about suspended sentences, suspension and community service.

The civil side

The bereaved relatives can join the proceedings as a civil party and claim compensation for their non-material and material damage. As a rule, the vehicle’s third-party liability insurer pays that compensation. If the driver was under the influence, the insurer may recover part of what it paid from the driver. That recourse is limited, but it can be a heavy financial burden and deserves a defence of its own.

How long do the proceedings take?

A case of causing death in traffic usually takes months, sometimes more than a year, and the civil side is often only settled after the criminal case has been decided. That period is not wasted: it is the time to build the defence, document your personal situation and take steps that the court will later take seriously, such as traffic therapy or treatment.

Rights of the bereaved

Bereaved relatives also have rights. By filing a declaration as an injured person (déclaration de personne lésée), they are kept informed of the important steps in the case and can have documents added to the file. As a civil party, they can also request access to the case file, claim damages and, in certain cases, be heard on the enforcement of the sentence. Read more about the rights of road accident victims.

Fatal road accident lawyer in Brussels: Novex Advocaten can help

In a case of causing death in traffic, every day counts, starting from the first interview. We assist drivers and bereaved families before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst. We plead in Dutch and French, and you can also consult us in English or Arabic. We handle every case with the discretion it requires.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.