Legal Definitions - doli incapax

Definition: Doli incapax (doh-lI in-kay-paks) is a Latin term used in Roman law to describe a person who is incapable of committing a crime or tort. It means "incapable of wrong." This term is also known as incapax doli. It refers to the legal presumption that children under a certain age lack the mental capacity to understand the consequences of their actions and therefore cannot be held responsible for their actions.

Examples: An example of doli incapax is a child under the age of seven who sets fire to a building. The child cannot be held responsible for the damage caused by the fire because they are considered too young to understand the consequences of their actions. Another example is a person with a mental disability who commits a crime. If the person is unable to understand the nature and consequences of their actions, they cannot be held responsible for the crime.

Explanation: The examples illustrate the concept of doli incapax by showing situations where individuals are not held responsible for their actions because they lack the mental capacity to understand the consequences of their actions. In both cases, the individuals are considered incapable of committing a crime or tort because they are unable to form the necessary intent to commit the act. This legal presumption is based on the idea that individuals should only be held responsible for their actions if they have the mental capacity to understand the nature and consequences of those actions.