The death of Jesús de Miguel, Tenerife footballer, after the serious collision suffered with the Andorra goalkeeper, Jesús Owono, has shocked Spanish football.
The Disciplinary Code of the Royal Spanish Football Federation (RFEF) contemplates sanctions that can reach twelve match suspensions when a violent action during the game causes serious harmful consequences, although its application will depend on the assessment carried out by the competent bodies.
Owono was sent off after colliding with his raised leg on his opponent during a dispute for the ball. According to the referee’s report, the goalkeeper used excessive force in the action that ended with the Tenerife player seriously injured.
What does article 102 of the Disciplinary Code say?
The main reference to determine the possible punishment is article 102 of the RFEF Disciplinary Code, which regulates violent actions during the game that cause serious damage or injuries.
This provision establishes a suspension of between four and twelve games, as long as the conduct does not constitute a major infraction.
Therefore, Owono could face a sanction of up to twelve matches if the Disciplinary Committee considers that the action meets the requirements of this article.
The twelve-match limit is not necessarily absolute. Article 102 of the RFEF Disciplinary Code itself establishes that it will be applied whenever the conduct does not constitute a major infraction.
Therefore, a More serious disciplinary rating could result in a higher sanctionalthough this would require proving additional circumstances. The referee’s report describes Owono’s action as a disputed throw for the ball with the use of excessive force, without attributing intentional aggression.
The police investigation and possible criminal consequences
Aside from the disciplinary procedure, the National Police has opened an investigation to clarify the circumstances of the death.
The investigation will examine what happened during the play and the medical elements necessary to determine the causes of death. His openness does not mean that Owono has committed a crime.
The Penal Code contemplates homicide due to recklessness in its article 142, but its application would require proving that there was criminally reckless conduct and that this legally caused the death.
An expulsion for violent play does not automatically equate to criminal liability, in the same way that the fatal consequences of a sporting action do not allow it to be presumed that the player acted criminally.
