A French court has ordered a 67-year-old Senegalese migrant to compulsory hospitalisation in a secure psychiatric unit after he stabbed an 18-year-old shop worker to death over a €93 phone bill, ruling he cannot be held criminally responsible due to mental illness.
Ousmane Diallo will remain in the psychiatric facility for difficult patients until he recovers, following a determination by experts that he suffered from an “abolition of discernment” at the time of the attack. The legal ruling of criminal irresponsibility means Diallo faces mandatory confinement rather than prison for killing Théo.
The victim’s family and their lawyer, Catherine Mabille, criticised the decision as “unjust,” arguing evidence suggested Diallo acted with conscious determination when he stabbed Théo in the chest at a mobile phone shop in the Claye-Souilly shopping centre on 10 July 2021.
Théo was working one of his first days on the job when Diallo became enraged over a €93.62 bill for calls to Senegal. The teenager died from the chest wound inflicted during the attack.
Psychiatric experts determined Diallo suffered from insanity at the time of the stabbing, leading to the court’s ruling that he cannot be held criminally responsible for his actions. The “abolition of discernment” finding represents a complete loss of ability to understand the nature and consequences of one’s actions.
The mandatory hospitalisation order sends Diallo to a secure psychiatric unit specifically designed for difficult patients, where he will remain until medical professionals determine he has recovered sufficiently. The facility provides treatment whilst maintaining security, given the violent nature of the offence.
The family’s criticism centres on their belief that evidence demonstrated conscious determination in Diallo’s actions, contradicting the psychiatric finding of abolished discernment. Lawyer Mabille represented the family in challenging the irresponsibility determination.
The incident occurred when Diallo visited the mobile phone shop and was informed he would have to pay €93.62 for calls he had made to Senegal. His fury at the bill escalated to fatal violence against the teenage employee during one of Théo’s first shifts in the position.
French law allows for criminal irresponsibility rulings when psychiatric experts determine a defendant suffered from a mental illness that abolished their discernment at the time of an offence. Such determinations result in mandatory psychiatric treatment rather than imprisonment.
The secure psychiatric unit designation indicates authorities recognise Diallo requires specialised facilities given the violent nature of his actions, even whilst being treated medically rather than punitively. The “difficult patients” classification ensures appropriate security measures during his confinement.
The duration of Diallo’s hospitalisation remains indeterminate, contingent on medical assessments of his recovery and whether he continues to pose a danger. Regular psychiatric evaluations will determine when, if ever, he can be released from the secure facility.
The family’s perception of injustice reflects tension between psychiatric determinations of criminal irresponsibility and victims’ relatives seeking accountability through the criminal justice system. The ruling prioritises medical treatment over punishment based on expert psychiatric assessment.
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