Capax doli, which translates to “capable of wrong” in Latin, is a term used in Roman law to describe individuals who are of an age where they can distinguish between right and wrong and can be held accountable for their actions, including committing a crime or engaging in wrongful behaviour. According to this law, children under the age of seven cannot be subjected to punishment for their actions. For those between the ages of seven and fourteen, it remains uncertain whether they can be held responsible for their actions. However, if they possess the capacity to understand that their actions were wrong, they can still face punishment, regardless of their status as adults.
Capax doli, or “capable of wrong,” is a Latin term used in Roman law to describe individuals who have the ability to commit a crime or tort and are old enough to distinguish right from wrong. It is also referred to as doli capax. The opposite of capax doli is doli incapax, meaning “incapable of wrong.” For instance, in criminal cases, a child who is 14 years old or older can be punished for a serious offence, while a child under the age of 7 cannot be held accountable. The period between 7 and 14 is uncertain as the child is generally considered innocent. However, if the child was doli capax and could comprehend the difference between good and evil at the time of the offence, they may face conviction and even the death penalty, regardless of their age or maturity level. This example demonstrates the application of capax doli in Roman law, emphasizing that age alone does not determine criminal responsibility. If a child is capable of understanding the nature and consequences of their actions, they can be held liable for their wrongdoing, irrespective of their age. This principle remains relevant in numerous legal systems worldwide.
Capax Doli is a Latin term used in criminal law to refer to the mental capacity or intent of a person to commit a crime. It translates to “capable of evil” or “capable of wrongdoing.”
Capax Doli is relevant in criminal cases as it helps determine the level of intent or mens rea of the accused. It is used to establish whether the person had the necessary mental state to commit the crime.
Proving Capax Doli is significant as it can affect the severity of the charges and the potential penalties imposed on the accused. It helps differentiate between intentional and unintentional acts, which can have a significant impact on the outcome of a case.
Capax Doli is proven in court through various means, including evidence of premeditation, planning, motive, or any other factors that demonstrate the accused’s intent to commit the crime. Witness testimonies, statements, and circumstantial evidence can also be used to establish Capax Doli.
Yes, Capax Doli can be used as a defence in a criminal case. If the accused can prove that they lacked the necessary mental capacity or intent to commit the crime, it may result in a reduced charge or even an acquittal.
Capax Doli and mens rea are closely related concepts. Capax Doli refers to the general mental capacity or capability of a person to commit a crime, while mens rea specifically refers to the mental state or intention of the accused at the time of the offense.
Capax Doli is primarily used in criminal cases to determine criminal liability. It is not typically applicable in civil cases, which focus more on establishing negligence or liability for damages rather than intent to commit a crime.
Yes, there are defences against Capax Doli allegations. The accused can present evidence of mental incapacity, such as insanity or diminished capacity, to challenge the claim that they were capable of committing the crime.
Yes, Capax Doli can be proven without direct evidence. Circumstantial evidence, witness testimonies, and the overall behavior and actions of the accused can be used to establish their mental capacity or intent to commit the crime.
Capax Doli is primarily used to determine criminal liability rather than the specific punishment for a crime. Once Capax Doli is established, the court will consider other factors, such as the severity of the offense, the defendant’s criminal history, and any mitigating or aggravating circumstances, to determine an appropriate punishment.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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