Doli capax, a Latin phrase, translates to “capable of wrong.” In the context of Roman law, it pertains to individuals who have reached an age where they can discern right from 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. However, if they possess the capacity to understand the wrongfulness of their actions, they can still face punishment, regardless of their status as adults.
Doli capax, an adjective derived from Latin and used in Roman law, signifies “capable of wrong.” It pertains to individuals who possess the ability to commit a crime or tort, particularly those who have reached an age where they can comprehend moral distinctions. For instance, in criminal proceedings, a child aged 14 or older can face punishment for a serious offence. Conversely, a child under the age of 7 is exempt from punishment. The period between 7 and 14 is uncertain, with a general presumption of innocence for children during this time. However, if a child was doli capax and demonstrated an understanding of right and wrong at the time of the offence, they can be convicted and penalized, regardless of their age. For example, a 12-year-old who intentionally sets fire to a building may face punishment if they were aware of the wrongful nature of their actions. On the other hand, a 5-year-old who accidentally sets fire to a building cannot be held accountable due to their inability to comprehend the consequences. Doli capax stands in contrast to doli incapax, which denotes a child too young to grasp the distinction between right and wrong and therefore cannot be held responsible for their conduct.
“Doli capax” is a Latin term used in legal contexts to refer to the capacity of a person to understand the nature and consequences of their actions, particularly in relation to criminal responsibility. It is often used in cases involving minors or individuals with mental impairments.
The age at which a person is considered to have doli capax varies depending on the jurisdiction. In some countries, it is generally around the age of 14 or 15, while in others, it may be as low as 10 or as high as 18. It is important to consult the specific laws of your jurisdiction to determine the age of doli capax.
Yes, a person with doli capax can be held criminally responsible for their actions. However, their level of responsibility may be reduced compared to an adult, taking into account their age and level of understanding. This may result in different sentencing or rehabilitation options.
When determining if a person has doli capax, several factors are considered, including their age, intellectual capacity, maturity, and understanding of the consequences of their actions. Expert opinions from psychologists or psychiatrists may also be sought to assess the individual’s mental state.
In some cases, depending on the severity of the crime and the jurisdiction’s laws, a person with doli capax may be tried as an adult. This decision is typically made by the court after considering various factors, such as the age of the individual, the nature of the offense, and the potential for rehabilitation.
If a person is found to lack doli capax, they may be deemed legally incapable of committing a crime. Instead of facing criminal charges, they may be subject to alternative legal measures, such as being placed under the care of a guardian or receiving treatment or counseling.
Yes, doli capax can be used as a defence in a criminal trial. If the accused can demonstrate that they lacked the capacity to understand the nature and consequences of their actions at the time of the offense, it may mitigate their level of responsibility or lead to a different outcome in the trial.
Doli capax is typically assessed based on the individual’s mental state at the time of the offense. It is generally not assessed retrospectively, as it focuses on the person’s capacity at the specific moment the crime was committed.
Doli capax is primarily used in cases involving minors, but it may also be applicable to adults with mental impairments. The assessment of doli capax in adults with mental impairments may involve additional considerations, such as the individual’s overall cognitive abilities and their ability to control their actions.
Doli capax is primarily used in criminal law to determine criminal responsibility. It is generally not directly applicable to civil liability cases, which involve different legal standards and considerations. However, the concept of capacity may still be relevant in certain civil cases, such as those involving contracts or consent.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/doli-capax/
- Modern Language Association (MLA):Doli Capax. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/doli-capax/.
- Chicago Manual of Style (CMS):Doli Capax. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/doli-capax/ (accessed: May 09 2024).
- American Psychological Association (APA):Doli Capax. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/doli-capax/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts