incapax

incapax

in Scots law, a person who has not CAPACITY.
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The two following contrasting exchanges are example of the judge's interrogation, the first in a case where the child is deemed rational and the second in a situation when the child is ruled doli incapax.
Por eso, el Prelado del Opus Dei certo incapax conserva su oficio y su condicion de Prelado y la importantisima y constitutiva paternidad espiritual con su titulo de Padre, pero por ser incapaz de ejercitar su potestad, esta viene ejercitada, en nombre del Prelado, por el Vicario auxiliar a quien se le trasfiere en regimen de vicariedad--<<omnia Praelati inra et officia, excepto tamen titulo, transferantur>>-.
All three films deal to some extent with the taboo of the child murderer and its related conundrums, specifically doli incapax, or at what age is a child culpable for his or her actions; thus, Waldron locates evil in these films in the diabolical acts of children.
Mainly due to Doli Incapax findings, the conviction rate for sexually abusive youth aged between 10 and 14 years was extremely low.
Similarly, the doctrine that a person can be doli incapax would still be recognised as a legitimate doctrine consistent with libertarianism, whereas the doctrine of ignorantia juris non excusat might be more in doubt.
In many states neither the MACR nor the age of adulthood is static; youths being prosecuted and subject to adult offenses and the rebuttable presumption of doli incapax (incapable of committing a crime) are examples.
A point to note is that those who are under 7 years old are immune from criminal liability in Singapore (Penal Code: section 82), while those between the ages of 7 and 12 years old have a defence of doli incapax or of 'not having attained sufficient maturity of understanding to judge the nature and consequence of his conduct on that occasion' (Penal Code: section 83).
This is because the law requires that the tests generally applicable to resolving those matters be modified so that they do not undermine or stultify the policies of the law in protecting an incapax or a defendant whose mind did not go with their deed.
In the early 1790s, King argues that jurors considered children under the age of fourteen doli incapax, but, in the next couple of decades, jurors became less sympathetic, and their verdicts were disproportionately harsher from 1820 to 1822.
The Commission called for the age of criminal responsibility to be increased to 12 but added that doli incapax - a presumption of innocence - should be re-introduced for youngsters up to the age of 16 to allow for the 'highly variable process of moral development in children'.
The Commission called for the age of criminal responsibility to be increased to 12 but added that doli incapax ( a presumption of innocence ( should be reintroduced for youngsters up to the age of 16 to allow for the "highly variable process of moral development in children".
She remanded him on bail until next March when a preliminary doli incapax - the legal term for incapacity of a child - hearing is to take place to examine whether he is fit to plead.