Deportation

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In the Roman criminal justice system, deportatio was a capital punishment which, in the late Republic , initiated by the dictator Sulla , could be imposed as a sanction by an ordinary jury. An extraordinary cognitive court was responsible during the imperial era .

The criminal form of deportatio modified already practiced in former times banishment ( Exilum ) law. The offender was now given the opportunity to flee abroad before being convicted. A subsequent sacral act excluded the person from the civil parish ( interdictio aquae et ignis ) and denied her return for life.

The deportatio was only granted to citizens who had previously belonged to the upper classes ( honestiores ). It resulted in the condemned being deported under supervision to a certain remote location, often an island . In addition to the associated sensitive restriction of physical freedom of movement, the person lost not only their property, but also their Roman citizenship ( capitis deminutio media ), according to tradition since Emperor Tiberius . The punishment continued to have an effect posthumously, as even the corpse could not be transferred without imperial approval. In contrast, an imperial amnesty or a pardon restored the delinquent to his or her original rights on the basis of the ius postliminii .

The relegatio represented a further toned down form . Here the addressee was only expelled from the city of Rome or from his home province, whereby he was free to choose his or her place of residence in addition to maintaining his original legal position. In principle, this sanction was only a temporary or permanent expulsion.

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