Andorra goalkeeper could face up to four years in prison

Tenerife striker Jesus de Miguel died following a collision during a Spanish second-division match against Andorra on November 2. De Miguel’s heart stopped after a heavy collision with Andorra goalkeeper Jesus Ovono. Doctors restored his heartbeat, and he was taken to hospital and admitted to intensive care. Tenerife announced on November 3 that the 30-year-old player had died.

Spanish criminal law lawyer Blanca Alguacil told Marca that the fatal outcome alone does not establish that a crime was committed. If an investigation is opened, an investigating judge must assess the evidence and circumstances to determine whether there are grounds for criminal liability. Alguacil said it was too early to reach a legal conclusion without a criminal investigation.

The lawyer distinguished between assessments under sports rules and criminal law. The incident was recorded as a breach of the rules in the referee’s report and will be reviewed by disciplinary committees. Whether it could also lead to a criminal case is a separate question. Alguacil stressed that the goalkeeper has the right to a defense, while the family and the club may also take legal action if they consider it appropriate.

According to Alguacil, Article 142 of Spain’s Criminal Code provides for serious and less serious forms of negligent homicide. The serious form carries a possible prison sentence of one to four years, while the less serious form carries a sentence of three to 18 months. The existence of the provision does not mean that the specific act would necessarily be considered a crime.

A judicial investigation must first be conducted, including an autopsy to establish the cause of death and an examination of whether it was linked to the incident during the match. Investigators would then assess whether the person acted negligently, in other words, whether they breached basic standards of care. The lawyer compared this with medical errors: professional negligence does not mean there was an intention to cause harm, but it can have legal consequences depending on its severity.