Death by negligence (dood door schuld) means causing another person’s death through considerable carelessness, without intent. Article 307 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr) makes this an offence in general. For road traffic, Article 6 of the Road Traffic Act 1994 (Wegenverkeerswet, WVW) applies, with penalties in Article 175 WVW.
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What counts as negligence?
A considerable degree of carelessness or inattention. According to settled Supreme Court case law, a minor mistake or a brief lapse is usually not enough. The court looks at the nature and seriousness of the conduct and all circumstances. If there was intent, the case falls under murder or manslaughter instead.
What are the maximum penalties?
- Outside traffic: 2 years’ imprisonment or a fourth-category fine of 27,500 euro (Article 307 Sr).
- Traffic, negligence: 3 years’ imprisonment or 27,500 euro (Article 175(1) WVW).
- Traffic, recklessness (roekeloosheid): 6 years or 110,000 euro (Article 175(2) WVW).
- Under the influence or refusing a breath or blood test: prison terms increase by half (Article 175(3) WVW), so up to 9 years for reckless driving.
When is driving reckless?
Since 1 January 2020, conduct that also qualifies as very dangerous driving under Article 5a WVW, such as deliberately running a red light or heavy speeding, always counts as recklessness under Article 175(2) WVW.
Will I lose my licence?
The court can impose a driving disqualification (ontzegging) of up to 5 years, or up to 10 years for a repeat offence within 5 years (Article 179 WVW). The police often seize the licence straight after the accident.
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