Jesús de Miguel’s death: Could the goalkeeper face criminal charges?

Jesús de Miguel’s death: Could the goalkeeper face criminal charges?
CD Tenerife's Jesus de Miguel reacts after a collision with FC Andorra's Jesus Owono. Jesus De Miguel died, at the age of 30, after suffering a heart attack, 3 November 2026.
Reuters

Spanish police are investigating the death of Tenerife striker Jesús de Miguel, who died after a collision with an opposing goalkeeper during a second-division football match. The case raises questions about when an on-field challenge can become a criminal offence.

The case raises the question of when a challenge on a football pitch can become a criminal matter.

The 30-year-old forward died on Tuesday morning, a day after colliding with FC Andorra goalkeeper Jesús Owono. According to Spanish media, the National Police have opened an investigation into possible negligent homicide.

What happened?

Tenerife were drawing 2-2 with Andorra at the Heliodoro Rodríguez López stadium in Santa Cruz de Tenerife on Monday when the collision occurred in the closing stages of the match.

Owono rushed out of his penalty area towards midfield to challenge for a long ball before colliding heavily with De Miguel in the seventh minute of stoppage time. The goalkeeper struck the striker in the chest, prompting officials to suspend the match in the 108th minute.

De Miguel suffered a cardiac arrest and was taken by ambulance to the Nuestra Señora de Candelaria University Hospital, where he was admitted to intensive care.

CD Tenerife's Jesus de Miguel was carried off the pitch after a collision with FC Andorra's Jesus Owono. Jesus De Miguel died after suffering a heart attack, Spain, 3 November 2026.
Reuters

Owono was shown a straight red card. According to ESPN, the referee sent him off for a sudden, high-kicking challenge on an opponent using excessive force while the ball was in play. The goalkeeper later emerged from the tunnel to join his teammates in checking on the injured striker.

On Monday night, Tenerife said De Miguel's condition was stable despite the severity of his injuries. The following day, the club reported neurological deterioration before announcing his death at 08:00 on Tuesday.

De Miguel made his debut for Leganés B in 2015 and played for eight other Spanish clubs. He joined Tenerife in 2025 and helped the club secure promotion last season.

Clubs mourn De Miguel's death

Tenerife said there was “absolutely nothing that can ease this profound sense of sadness” and asked for privacy for the family.

Tributes and condolences came from Andorra, Barcelona, De Miguel’s former club Castellón and LaLiga president Javier Tebas. The Spanish Football Federation (RFEF) postponed Tuesday’s Copa del Rey and Copa de la Reina matches.

What football’s rules say

Law 12 of the Laws of the Game, published by the International Football Association Board (IFAB), states that a tackle or challenge that endangers the safety of an opponent, or uses excessive force or brutality, must be punished as serious foul play, a sending-off offence.

FIFA’s Disciplinary Code applies to “every match and competition organised by FIFA”, according to Article 2 of the 2023 edition. Under Article 70, national associations must ask FIFA to extend certain sanctions worldwide, mainly for serious offences including discrimination, match manipulation and forgery.

In Spain, disciplinary cases arising from domestic competitions are handled under the RFEF’s own disciplinary code.

What sanctions Owono could face in football

Spanish media have outlined several possible sanctions under the RFEF's disciplinary code, depending on how the challenge is classified.

Vozpópuli and El Demócrata report that violent conduct with serious consequences carries a suspension of between four and 12 matches under Article 102.

Vozpópuli says violence during play, a lesser offence under Article 130, carries a ban of one to three matches. El Demócrata cites Article 122, which covers dangerous play causing harm and carries the same penalty range.

El Demócrata adds that aggression causing an injury, under Article 103, carries a suspension of six to 15 matches, although intent must be proven.

Vozpópuli notes that the code does not specifically address cases involving a death, leaving the disciplinary committee to determine how the challenge should be classified. El Desmarque reported that sports tribunals would treat the case as exceptional.

Could he be charged?

Police have opened proceedings over a possible offence of negligent homicide (homicidio imprudente), Heraldo de León reported, citing police sources. The offence falls under Article 142 of Spain’s Penal Code.

According to Vozpópuli, serious negligence resulting in death carries a prison sentence of between one and four years, while less serious negligence can result in a fine.

CD Tenerife's Jesus de Miguel was carried off the pitch after a collision with FC Andorra's Jesus Owono. Jesus De Miguel died after suffering a heart attack, Spain, 3 November 2026.
Reuters

El Desmarque reported that the National Police homicide unit in Santa Cruz de Tenerife is investigating the incident, with preliminary proceedings also opened at the city's investigating courts.

Heraldo de León emphasised that the opening of proceedings does not establish Owono's guilt. Vozpópuli noted that neither the death itself nor the red card automatically establishes criminal responsibility.

Investigators will examine match footage, expert assessments and forensic findings on the cause of death to determine whether a criminal offence occurred.

The “permitted risk” test

At the heart of the investigation is a legal principle known in Spain as riesgo permitido, or permitted risk.

According to El Desmarque, footballers accept the inherent risk of injury during normal play, but that protection does not extend to deliberate aggression.

For a criminal case to proceed, prosecutors would need to establish criminally relevant negligence, a causal link between the challenge and De Miguel's death, and whether the fatal outcome can legally be attributed to Owono's actions.

Emilio Cortés, a criminal law professor quoted by El Desmarque, said the challenge went well beyond the permitted risk. In his view, it could be prosecuted as negligent homicide even without any intent to harm.

“Permitted risk has limits; it is not a blank cheque,” he said (translated from Spanish).

Has it happened before?

Fatal collisions on football pitches are rare, and previous cases highlight the difficulty of determining criminal responsibility.

In April 2025, Peruvian player Helar Gonzales Altamirano, 21, died after colliding with an opposing goalkeeper who came out to catch a long ball, according to Fox News. The report did not mention any legal action.

In October 2017, Indonesian goalkeeper Choirul Huda, 38, died after colliding with his Persela Lamongan teammate Ramon Rodrigues during a league match, Sports Illustrated reported. Reports at the time did not mention any legal action.

Spanish courts have previously upheld criminal convictions for violence on the pitch, although the circumstances were markedly different.

In ruling 379/2025, Spain's Supreme Court upheld a six-year prison sentence for aggravated injuries after a player who had been sent off kicked an opponent from behind, leaving him with tetraparesis, a form of paralysis.

Compensation of €714,000 was increased by more than €54,700 on appeal.

According to El Desmarque, the court distinguished between incidents occurring during normal play and deliberate acts of violence.

Vozpópuli highlighted crucial differences in Owono's case: the collision occurred during active play in a professional match, with no reported threats or similar conduct.

What happens next

Owono has not been subjected to any criminal sanctions, according to Vozpópuli.

The RFEF disciplinary committee must determine whether the challenge warrants a further suspension and, if so, how long it should last.

Meanwhile, the criminal investigation will focus on whether Owono's actions crossed the legal boundary between the accepted risks of football and criminal negligence.

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