Doli incapax - Incapable of crime | Meaning & Explanation of Doli incapax | 100 Legal Maxims

Doli Incapax is a Latin term that means "incapable of doing wrong". It refers to the legal principle that certain individuals, primarily children, are considered incapable of forming the intent to commit a crime due to their age or mental capacity. In other words, they lack the understanding of the difference between right and wrong, making them immune from criminal liability.
Explanation:
Application in Juvenile Law: This principle is primarily applied to children below a certain age. In many legal systems, children below a certain age (commonly under 7 or 10 years) are presumed to be doli incapax and, therefore, cannot be held criminally responsible. For children between a slightly higher age range (like 7 to 12 or 14 years), it may be possible to rebut this presumption by proving that the child understood the nature of their act.
Presumption: The law assumes that very young children cannot have the required criminal intent (mens rea), which is essential to convict someone of a crime. This presumption is in place to protect young children who may not fully comprehend their actions or the consequences.
Rebuttal of Doli Incapax: In some legal systems, for children slightly older (like 10 to 14), doli incapax can be rebutted by proving that the child knew what they were doing was wrong and understood the consequences of their actions. However, it is generally difficult to prove.
Objective: The objective of this principle is to provide protection to children and other individuals who lack the mental capacity to form criminal intent, thereby preventing unjust punishment.
Example:
If a 6-year-old child accidentally breaks into someone’s property, the legal principle of doli incapax would apply, and the child would not be held criminally liable because they are presumed incapable of understanding the nature and consequences of their actions.
In many jurisdictions, this principle also applies to individuals with significant mental disabilities who cannot form the intent required to commit a crime.
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