DOLUS O CULPAE CAPAX. LA CAPACITÀ DI DELINQUERE DELL’IMPUBERE TRA CONTINUITÀ E DISCONTINUITÀ
DOLUS OR CULPAE CAPAX. ABOUT IMPUBES’S ABILITY TO COMMIT CRIMES BETWEEN CONTINUITY AND DISCONTINUITY
Author(s): Mariateresa CarboneSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Canon Law / Church Law, EU-Legislation, Commercial Law, Court case, Comparative Law, Administrative Law, Labour and Social Security Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Doli capax; culpae capax; pubertati proximus; ability of understanding and wanting; impubes
Summary/Abstract: The impubes’s delict laibility, in the classic period, is subordinated to being doli or culpae capax; two decemviral provisions, instead, established a less severe sanction respect to pubes in case of impubes’s criminal behavior regardless from assessment about his actual ability to commit crime. Some textual clues allow us to speculate the historical happening that determined this evolution whose goal stands as a fondament of our current regulations, where is expected also an age range characterized from absolute presuption not-imputability and a next one (that a recent proposal of law would tend to turn down, bringing it closer to the ages of pubertati proximi) where the imputability depends on the ability understanding and wanting of the subject.
Journal: IUS ROMANUM
- Issue Year: 2020
- Issue No: 2
- Page Range: 240-250
- Page Count: 11
- Language: Italian