Could Jesús Owono Face Prison Time Over Jesús de Miguel's Death?
The Tenerife striker's tragic death has raised questions about the potential legal consequences for the Andorra goalkeeper and what Spanish law says about fatal incidents in sports.
The tragic death of Jesús de Miguel, a striker for CD Tenerife, has raised a difficult question beyond football: could Jesús Owono face criminal charges over the collision that preceded the Spanish player's death?
The FC Andorra goalkeeper was sent off after his knee struck De Miguel in the chest as both players challenged for the ball during their match on Monday, November 2. The striker suffered cardiac arrest and was taken to Hospital Universitario Nuestra Señora de Candelaria, where he died on Tuesday at the age of 30.
Spain's National Police have opened an investigation under judicial supervision to establish the circumstances of the incident. However, an investigation does not mean Owono committed a crime. Authorities must determine whether the collision was an accident inherent to the game or whether there are grounds for criminal liability.
What Does Spanish Criminal Law Say?
Under Article 142 of Spain's Criminal Code, causing another person's death through gross negligence can carry a prison sentence of one to four years.
Spanish law also provides for professional disqualification lasting three to six years when a negligent homicide results from professional negligence. However, that additional penalty does not automatically apply simply because the person involved is a professional athlete.
There is another important distinction. When a death results from less serious negligence, Article 142 provides for a criminal fine calculated over three to eighteen months, rather than the prison sentence associated with gross negligence.
Although Spanish law establishes potential penalties for different forms of negligent homicide, none can be applied to Jesús Owono without first establishing that his conduct constituted a criminal offense.
Prosecutors Consider Criminal Proceedings Unlikely
Santa Cruz de Tenerife's chief prosecutor, José Luis Sánchez-Jáuregui, believes it is highly unlikely that criminal proceedings will be brought against the goalkeeper, given that the collision occurred during a passage of play.
In comments reported by EFE, he explained that Spanish Supreme Court precedent distinguishes injuries sustained during sporting competition from conduct that could constitute a criminal assault.
Investigators will need to examine the referee's report and the conclusions of the relevant sports disciplinary committee. Among the issues to be assessed are the dangerous nature of the challenge and whether there is any evidence of an intention to cause harm.
The prosecutor also explained that De Miguel's family could file a complaint if it disagrees with the findings, although he considers a criminal conviction unlikely.
A red card for a dangerous challenge does not automatically establish criminal responsibility. At this stage, no court has determined that Owono committed a criminal offense in connection with the striker's death.
Spanish and European Football Pay Tribute
As the investigation continues, the Royal Spanish Football Federation (RFEF) announced the postponement of the Copa del Rey and Copa de la Reina matches scheduled for Tuesday, November 3.
The federation also suspended the presentation of Spain's Under-21 international match against Japan as a mark of respect for the late footballer.
Meanwhile, UEFA confirmed that a minute's silence would be observed at all UEFA matches this week, including fixtures in the Champions League, Europa League and Conference League.
UEFA president Aleksander Čeferin also extended his condolences to De Miguel's family, teammates and CD Tenerife, joining the tributes paid across Spanish and European football.
The Jesús Owono Case: Three Key Facts
- Spanish Criminal Code: Gross negligence resulting in death can carry a prison sentence of one to four years.
- Prosecutors' position: Criminal proceedings are considered highly unlikely because the collision occurred during play.
- Current situation: A judicial investigation is underway, but no criminal responsibility has been established against the goalkeeper.
