Police opened an investigation after CD Tenerife player Jesús de Miguel died following a collision with an opposing goalkeeper during a match. That is standard procedure after a non-natural death, but it does not by itself mean the incident will lead to criminal charges. Spanish courts have drawn a line between incidents that can be punished under sporting rules and conduct that may amount to a crime; the circumstances reported so far appear more consistent with the former, pending the investigation’s findings.
A 2025 Supreme Court ruling offers guidance. It concerned an amateur match in Barcelona in which a player who had been sent off returned to the field and kicked an opponent from behind while the ball was out of play, causing a spinal injury. The circumstances differ sharply from the Tenerife-Andorra match, but the court set out principles for distinguishing a collision in the course of play from a criminal assault.
The central concept is “permitted risk”: the possibility of injury that players accept by taking part in a competitive sport. The key question is not necessarily how severe the injury is, but whether the player who caused it intended the harm or acted knowing that harm could result. The Supreme Court distinguished incidents arising from the game itself from acts outside play carried out with the intention of causing injury. The former are generally dealt with through sporting sanctions; the latter may have criminal relevance.
Sporting and criminal proceedings are not mutually exclusive. A red card or a later disciplinary sanction does not, on its own, rule out criminal liability. In a 2022 case, the Madrid Provincial Court treated a kick during play as a foul for sporting authorities, while a punch delivered after play had stopped led to a conviction for assault causing injury.
Whether the ball was in play and being contested is another relevant factor. In a 2009 case, the Zaragoza Provincial Court acquitted a goalkeeper whose challenge during an amateur match broke an opponent’s tibia and fibula. The judges said a player could face criminal consequences for a reckless action if they had no real chance of playing the ball, struck an opponent forcefully and could have foreseen an injury, even without intending to cause one.
The referee’s account may also carry weight when witnesses give conflicting versions. In the Tenerife match, the referee’s report said Andorra goalkeeper Jesús Owono was sent off for striking De Miguel forcefully with his leg, using excessive force while the ball was being contested.
Based on the information available, a criminal conviction appears unlikely, although the investigation has not concluded. Criminal lawyer José María de Pablo described the challenge as reckless, even reckless to a high degree, but still part of play. Santa Cruz de Tenerife chief prosecutor José Luis Sánchez-Jáuregui also told EFE that opening criminal proceedings would be very difficult.
If prosecuted, Owono could face a charge of negligent homicide. The article reports that the potential penalty would be one to four years in prison for gross negligence, or a fine of three to 18 months if the negligence were classified as less serious. Sporting sanctions could include a suspension of up to 12 matches.
Sources: El País Deportes.