Legal Definitions - capax doli

Capax Doli

Capax doli is a Latin legal term that translates to "capable of wrongdoing" or "capable of criminal intent." It refers to an individual's mental capacity to understand that their actions are wrong and to form the necessary criminal intent (often called mens rea) required for a crime. This concept is particularly significant in legal systems when determining the criminal responsibility of minors.

In many jurisdictions, children below a certain age are legally presumed to be incapax doli (incapable of wrongdoing), meaning they are considered too young to understand the nature and wrongfulness of their actions and therefore cannot be held criminally responsible in the same way as adults. For children above this minimum age but still considered minors, the prosecution may need to present evidence that the child was capax doli – that they understood their actions were wrong – to secure a conviction.

• Example 1: A Teenager's Role in a Planned Theft

  Scenario: A 16-year-old, named Alex, actively participates in planning and executing a break-in at a local electronics store with older friends. He helps disable an alarm, carries stolen goods, and later attempts to sell them online.

  Illustration: Alex's involvement demonstrates capax doli because, at 16, he is generally presumed to understand that breaking into a store, stealing property, and attempting to sell it are illegal and morally wrong acts. His active planning and participation show he possessed the mental capacity to form criminal intent and comprehend the wrongful nature of his actions.

• Example 2: Intentional Vandalism by a Pre-Teen

  Scenario: Maya, a 12-year-old, deliberately uses spray paint to deface a newly painted community center wall, writing offensive words and drawing inappropriate images. She hides the spray cans afterward and denies involvement until confronted with photographic evidence.

  Illustration: Maya's actions, including her attempt to conceal the evidence and her initial denial, suggest she was capax doli. At 12, she is likely old enough to understand that defacing public property is wrong, illegal, and causes harm, and her efforts to hide her involvement indicate an awareness of the wrongful nature of her act.

• Example 3: A Minor Engaged in Sophisticated Cybercrime

  Scenario: Liam, a 14-year-old with advanced computer skills, intentionally creates and distributes a phishing scam designed to steal personal financial information from unsuspecting users. He understands that his actions are illegal and could cause significant financial harm to victims, and he takes steps to cover his digital tracks.

  Illustration: Liam's deliberate creation and distribution of a phishing scam, coupled with his understanding of its illegal nature and potential for harm, indicates he is capax doli. His actions demonstrate a clear capacity to understand the wrongfulness of his conduct and to form the specific intent to commit a crime, even if he is a minor.