Legal Definitions - doli capax

doli capax (doh-lIkay-paks), adj. is a Latin term used in Roman law. It means "capable of wrong". It refers to a person who is capable of committing a crime or tort, especially someone who is old enough to understand what is right and wrong.

For example, in criminal cases, a child who is 14 years old or older can be punished for a capital offense. However, a child who is under the age of 7 cannot be punished. The period between 7 and 14 is uncertain. Generally, a child is considered innocent during this period. But if the child was doli capax and could understand the difference between good and evil at the time of the offense, they can be convicted and punished, even if they are not yet an adult.

For instance, if a 12-year-old child intentionally sets fire to a building, they may be punished if they understood that what they were doing was wrong. However, if a 5-year-old child accidentally sets fire to a building, they cannot be punished because they are too young to understand the consequences of their actions.

Doli capax is the opposite of doli incapax, which means "incapable of wrong". It refers to a child who is too young to understand the difference between right and wrong and cannot be held responsible for their actions.