What is the penalty for killing a spouse, child or other relative? Does 'honour' or tradition reduce the penalty?

What is not allowed, what is required?

• Killing someone with intent to kill is murder (doodslag / meurtre): level 7, i.e. 20 – 30 years in prison (Criminal Code art. 96). If it was premeditated, it is level 8 (art. 97).
• If the victim is a parent, grandparent, child, grandchild, brother or sister, uncle, aunt, nephew, niece, spouse, partner or someone in a similar position within the family, it is murder within the family (art. 101, level 8). In-laws are also included; cousins are not on the list.
• A former spouse or former partner also counts, as long as the act is linked to that marriage or relationship (Criminal Code art. 79).
• If the crime was committed in the name of culture, custom, tradition, religion or so-called 'honour', the judge treats this as an aggravating factor when setting the penalty (art. 105). Committing it in the presence of a child is also an aggravating factor.
• Provocation (uitgelokte doodslag / meurtre provoqué) is a narrow exception: the killing must have been the direct result of deliberate, unjustified and serious violence against the offender or someone else at that very moment. The penalty is then level 3 (art. 103).
• If a family member threatens to kill you or puts you under 'honour'-related pressure, call 112, or the police on 101. In Flanders, 1712 (helpline for violence and abuse) is free and anonymous; in Wallonia and Brussels, 0800 30 030 is the free, anonymous helpline for partner violence.

Penalty and indirect consequences

Why does this rule exist?

The family should be the place where people are safest. The rule protects people under pressure within their family, especially women and young people. No tradition takes precedence over a human life.