The serious collision between FC Andorra goalkeeper Jesús Owono and CD Tenerife striker Jesús de Miguel has raised questions about whether a footballer can face criminal charges over an opponent’s death during a match.
De Miguel reportedly suffered a cardiac arrest following the heavy collision and later died, prompting discussions about the legal consequences of dangerous challenges in professional football.
According to Sport, Spanish law does not automatically classify a serious injury or death resulting from a football incident as a criminal offence. However, the Spanish Penal Code allows criminal liability where it can be established that a player’s actions went beyond the risks normally associated with the sport.
Article 142 of the code provides for a prison sentence of between one and four years for individuals whose gross negligence causes another person’s death. Cases involving lesser negligence may attract fines ranging from three to 18 months.
For criminal liability to be established, investigators must demonstrate that the player’s conduct seriously breached their duty of care and that there was a direct causal connection between the action and the victim’s death.
Spanish judicial practice distinguishes between accidents that occur within the normal risks of a sporting contest and actions that clearly exceed acceptable sporting conduct.
Consequently, receiving a red card for a foul does not automatically make a player criminally liable. However, it does not completely eliminate the possibility of a criminal investigation.
In Owono’s case, investigators would need to examine several factors, including match footage, the position of the ball, how the goalkeeper executed his jump and whether he had a reasonable opportunity to avoid the collision.
Medical assessments and expert testimonies would also play an important role in determining the consequences of the impact and establishing whether the incident directly contributed to De Miguel’s death.
If De Miguel’s family believes there is sufficient evidence of criminal negligence, they could pursue legal action against the goalkeeper.
However, the possibility of an investigation does not mean Owono would automatically be found guilty.
Ultimately, determining whether the incident was an unfortunate sporting accident or an act of criminal negligence would depend on the specific circumstances surrounding the collision, rather than the tragic outcome alone.