After Tenerife Player's Death, Spanish Police Open Murder Investigation

Andorra goalkeeper Jesus Owono, who also plays for the Equatorial Guinea national team, found himself at the center of a humanitarian and legal crisis opened by Spanish authorities, following the incident that shocked global sports opinion after the death of Tenerife player Jesus de Miguel following a collision between them during the match.

The disciplinary code of the Spanish Football Federation stipulates varying sanctions based on the severity of the acts committed and their consequences.

Article 102 prescribes a suspension of between four and 12 matches for players who engage in violent behavior against an opponent during play, causing serious injuries or damage.

Therefore, imposing a suspension falls within the scope defined by that article, noting that there is no automatic specific penalty in the event of a player’s death.

The final decision will depend on an assessment of the incident and the surrounding circumstances, although the maximum penalty is expected.

However, can criminal consequences arise from an act committed during a football match, as happened with Jesus de Miguel? Can the incident be considered manslaughter?

The Spanish newspaper Marca states yes, although not automatically. The occurrence of death during a sporting competition does not necessarily preclude the intervention of criminal courts. However, to establish a crime, it is not enough to prove that a certain act caused death; it must also be demonstrated that the goalkeeper’s conduct involved negligence with criminal significance.

Article 142 of the Spanish Penal Code distinguishes between manslaughter resulting from gross negligence and manslaughter resulting from less serious negligence. In the first case, the law prescribes a prison sentence of between one and four years, while in the second case, it prescribes a prison sentence of between three months and 18 months.

These penalties constitute the general legal framework, but this does not necessarily mean that Owono will be formally charged or convicted of any of these crimes.

To prove any potential charges, according to Marca, it must be examined whether the goalkeeper breached the duty of care required in the sporting activity, whether the result was objectively foreseeable and avoidable, and whether there is a causal and legal link between his conduct and the occurrence of death.

The Spanish Football Federation will have to assess the goalkeeper’s behavior according to its disciplinary regulations, while any potential criminal liability will be determined through the appropriate legal procedures.

The Federation’s own regulations acknowledge the independence of sporting liability from criminal liability, while allowing for the referral of facts that may contain evidence indicating the commission of a crime to the Spanish Public Prosecutor’s Office.