Practicing Success
What is the meaning of the Latin phrase 'Doli Incapax'? |
through lack of care incapable of doing harm of the same kind and nature to abide by things decided |
incapable of doing harm |
Doli Incapax: It literally means 'incapable of wrong or 'incapable of doing harm. It is a principle that deals with the protection of children from criminal liability. In a Legal sense, both boys or girls under the age of 7 are held to be infants and cannot be charged for a crime as it is a defect of understanding in regard to what is a crime or what is not a crime. In other words, they are under a natural disability from distinguishing what is good and what is bad and are immune from punishment under English and Roman Law. A’ an adult in order to kill ‘B’, instigates a child ‘C’ of below 7 years to do an act which causes B’s death. Here, the child will not be liable for any crime as he is a “doli incapax”. However, A will be held liable for murder of B. |