A criminal case over the death of footballer Jesús de Miguel is unlikely, according to José Luis Sánchez-Jáuregui, chief prosecutor in Tenerife/">Santa Cruz de Tenerife. He said the blow that led to De Miguel’s death occurred during a phase of play, and that the next step is to await the decision of the sports disciplinary committee.
Speaking to EFE, Sánchez-Jáuregui cited long-standing Supreme Court doctrine under which injuries sustained in sport are generally not punishable unless one player attacks another when play has stopped. He said the referee’s report should be considered first, followed by the committee’s assessment.
That assessment is expected to clarify whether the incident was judged dangerous or highly dangerous, and whether Andorra goalkeeper Jesús Owono intended to cause harm. The prosecutor said sports authorities should determine whether the goalkeeper acted recklessly, should have taken greater care, or had disengaged from play before the collision.
If De Miguel’s family disagrees with the findings, it can file a complaint alleging an assault resulting in death, which would prompt an investigation. Sánchez-Jáuregui said such a case would be unlikely to go beyond a charge of less serious negligent homicide, as he does not consider a fatal outcome during a normal phase of play to imply an intent to kill.
He stressed that football is a contact sport, but not one involving “brutal” contact. Deliberate violence, such as striking an opponent in the mouth to break their teeth, would be different and could be punishable. Sánchez-Jáuregui also noted that prosecutors have pursued cases involving assaults in youth football, including dangerous conduct such as directing a boot at another player’s head.
De Miguel died after being struck in the chest at the Heliodoro Rodríguez López stadium on Monday, an outcome the prosecutor described as extremely rare.
Sources: elDiario.es.