Jesús de Miguel's Death: The Spanish Law That Could Put Jesus Owono Behind Bars

• FC Andorra goalkeeper Jesus Owono faces potential criminal scrutiny following the death of CD Tenerife forward Jesús de Miguel Alameda
• Spanish authorities are examining whether Owono's challenge constitutes accidental death under Article 142 of Spain's Penal Code
• Investigators must determine whether the collision amounted to gross negligence or fell within the ordinary risks of competitive football

FC Andorra goalkeeper Jesus Owono may face up to four years in prison following the death of CD Tenerife forward Jesús de Miguel Alameda, if Spanish investigators determine that his actions during the fatal collision constituted gross negligence.

Spanish newspaper Sport reported that the tragedy has opened the possibility of legal proceedings beyond football's disciplinary structures, with authorities weighing whether criminal responsibility applies.

The Spanish law at the centre of the case

Article 142 of Spain's Penal Code sets out two levels of culpability in cases involving a death caused by negligence.

Read also

Deeply affected: Goalkeeper whose tackle resulted in player's death wanted to apologise

Where gross negligence is established, the law provides for a custodial sentence of between one and four years.

Where investigators conclude the conduct amounts to less serious negligence, the penalty is reduced to a fine spanning three to eighteen months, with no imprisonment under that particular provision.

The distinction carries significant weight for Owono's case. Gross negligence requires evidence of a serious failure to observe a duty of care, whereas less serious negligence reflects a lower degree of carelessness.

Investigators must assess whether Owono's challenge exceeded the boundaries of risk that are inherent and accepted in competitive football.

What investigators will examine

Several factors are expected to shape the outcome of any inquiry.

Investigators will analyse match footage to establish the ball's position at the moment of impact, how Owono approached the challenge, and whether the collision was avoidable.

Watch the crushing collision between Alameda and Owono, as shared on X (viewer discretion advised):

Read also

Tragedy strikes as Jesús de Miguel Alameda dies hours after collapsing during match

Medical reports and expert assessments will also be central to determining whether the goalkeeper's actions were the direct cause of De Miguel's death.

It is worth noting that Owono received a red card during the match. That sanction, however, is a sporting punishment and carries no legal weight.

It does not constitute a criminal finding, nor does it establish civil or criminal liability in any court.

Crucially, the death of De Miguel alone is not sufficient to assign criminal responsibility to Owono.

Should investigators conclude that the incident was an unfortunate accident within the accepted risks of the sport, the goalkeeper may face no criminal charges whatsoever.

For any prosecution to proceed, the evidence would need to satisfy two conditions: that Owono acted negligently to a qualifying degree, and that a direct causal link exists between his actions and the fatal outcome.

What Owono wanted to do before the tragedy

Read also

Spanish player hospitalised in ICU after cardiorespiratory arrest

YEN.com.gh earlier reported that Jesus Owono wanted to contact the family of Jesús de Miguel Alameda privately before speaking publicly about the incident.

The 25-year-old has remained silent since colliding with the striker during a Segunda División match against CD Tenerife, but hoped to reach out to the striker's family before speaking publicly about De Miguel's tragic death.

Source: YEN.com.gh