Legal Definitions - incapax doli

Incapax doli is a Latin legal term that translates to "incapable of wrongdoing" or "incapable of criminal intent." It refers to the legal principle that certain individuals, due to their age or mental state, are considered unable to form the necessary criminal intent (often called mens rea) required to be held responsible for a crime.

This concept acknowledges that for an act to be considered a crime, the perpetrator typically must not only commit the act but also possess a guilty mind or a specific intent to do wrong. If someone is deemed incapax doli, it means they lack the cognitive capacity to understand the nature of their actions as wrongful or to form the specific intent required by law.

• Example 1: A Very Young Child's Actions

  A five-year-old child, playing in a park, picks up a stranger's expensive smartphone from a bench and throws it into a nearby pond, thinking it would make a fun splash. While the act caused damage, the child is likely considered incapax doli. At such a young age, the child typically lacks the legal understanding of property rights, the concept of theft or destruction of property, and the specific intent to permanently deprive the owner or maliciously damage the item. Their action, though harmful, is not viewed as a criminal offense because they are deemed incapable of forming criminal intent.

• Example 2: An Individual with Severe Cognitive Impairment

  An adult with a profound intellectual disability, whose cognitive functioning is comparable to that of a toddler, wanders into a neighbor's garage and starts dismantling a lawnmower, causing significant damage. If this individual is found to be incapax doli, it means their severe cognitive impairment prevents them from understanding the concept of private property, the wrongfulness of damaging another's belongings, or forming the specific intent to commit vandalism. Their actions, while destructive, would not be prosecuted as a crime due to their inherent inability to possess criminal intent.