A football-loving lawyer has revealed whether footballers can be criminally responsible for tackles following the tragic passing of a Spanish star.
The death of Jesús de Miguel, reportedly caused by “accidental chest trauma”, has rocked the footballing world.
The 30-year-old striker collided in the air with keeper Jesús Owono, and his knee connected with the forward’s chest.
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The incident happened on 2 Nov during a La Liga 2 match between Tenerife and FC Andorra – with Miguel passing away the following morning from a cardiac arrest.
Whilst it is unlikely the keeper will face criminal charges, a football-loving lawyer has now revealed whether or not a player can actually be criminally responsible for a tackle.
“So essentially the law says that by stepping out onto a pitch, you accept the normal risks that come with the game,” Kai Amarah, based in London, told Need To Know.
“In English law, we call this consent – Spain calls it ‘asunción del riesgo’, which means assumption of risk.”
Kai references R v Barnes, a leading case in 2004.
The landmark English criminal law case established the legal threshold for criminal liability regarding injuries sustained during contact sport.
The case centred around an incident during an amateur football match where Mark Barnes executed a hard sliding tackle on Christopher Bygraves shortly after he had scored.
The tackle caused significant injury to the opponent.
Barnes was originally convicted of Grievous Bodily Harm (GBH), which was later quashed by the appeal.
Kai, a trainee solicitor and creator of the football platform She Knows Ball, referenced the case whilst discussing the incident in Spain.
She said: “They said that ordinary fouls don’t make you a criminal.
“Heat of the moment errors or tackles also don’t make you a criminal.
“Criminal prosecution is essentially only reserved for conduct so excessive, so violent, so reckless, that it goes far beyond what’s reasonably expected in the sport.
“For a challenge to cross from a sporting tragedy into a crime, the action has to be completely divorced from the game.
“That’s the test.
“Not ‘Was it bad, too much?’ – it’s essentially ‘Was this still football?’
“So the honest answer is this.
“A genuine attempt, even with one with a devastating result – is very unlikely to be a crime.
“The law judges the act, not the outcome.”
Owono received a straight red card during the match and has since expressed grief and pain over Miguel’s death.
Teammates and officials have backed the player and emphasised that there was no intent to harm.
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