In the match between Tenerife and FC Andorra, a serious foul by visiting goalkeeper Jesús Owono on home striker Jesús de Miguel raised a question beyond the scope of sports: Can a player be held criminally liable for the consequences of a tackle on an opponent? De Miguel suffered cardiac arrest after the heavy blow and tragically passed away.
Sport notes that, from a legal perspective, serious injury does not automatically constitute a crime. However, the Spanish Penal Code allows for liability to be pursued when it can be proven that an act has exceeded the inherent risks of sporting activity. Article 142 of the code stipulates that those who cause the death of another due to gross negligence can be sentenced to 1 to 4 years in prison; in cases of lesser negligence, they may face a fine of 3 to 18 months.
For these provisions to apply, it must be proven that the player's actions severely breached their duty of care, and that there was a causal link between their actions and the ultimate outcome. Judicial practice distinguishes between inherent accidents in a game and actions that clearly exceed normal risks. A foul that results in a red card does not necessarily constitute a crime, but it also does not automatically rule out the possibility of a criminal investigation.
In Jesús Owono's case, the key will be to analyze the video, the position of the ball, the manner of the jump, and whether he had any realistic way to avoid the collision. Medical and expert reports will also be crucial in confirming the consequences of the impact.
If De Miguel's family believes there is evidence of a crime, they may take legal action. In any case, any subsequent investigation does not equate to finding the goalkeeper guilty. The line between a sports accident and negligence punishable by criminal law depends on the specific circumstances of each action, not just its outcome.