DOLI CAPAX

DOLI CAPAX

doli capax (doh-lIkay-paks), adj. [Latin ¡°capable of wrong¡±] Roman law. Capable of committing a crime or tort; esp., old enough to determine right from wrong.

¡ª Also termed capax doli. Cf. DOLI INCAPAX.

¡°In criminal cases, an infant of the age of fourteen years may be capitally punished for any capital offence: but under the age of seven he cannot. The period between seven and fourteen is subject to much incertainty: for the infant shall, generally speaking, be judged prima facie innocent; yet if he was doli capax, and could discern between good and evil at the time of the offence committed, he may be convicted and undergo judgment and execution of death, though he hath not attained to years of puberty or discretion.¡± 1 William Blackstone, Commentaries on the Laws of England 452¨C53 (1765).


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