A banishment (also expulsion from the country , derived from the king's power of ban in legal history ) is the expulsion of a person from their familiar surroundings or ancestral home . In contrast to exile , exile is never voluntary, but rather the result of an ongoing authoritative coercion that prevents the person concerned from returning or restricts his or her freedom of movement .
Exile appears in the earliest German legal records as a means of recourse for defaulting debtors or accused, as well as a means of ending feuds . It later emerged in the form of expulsion from the city (“ solidification ”) and was also used as a police measure against unwanted strangers such as travelers or Jews . In the early European penal codifications of the 15th and 16th centuries, banishment was often envisaged as a pardon instead of the death penalty . Those punished with exile had to take an oath not to return.
Sometimes the exiled person remains within the sphere of power or influence of those who have pronounced the exile, for example in a penal colony or a remote area of the country. Throughout history, various powers such as Russia and, from 1920, the Soviet Union , Great Britain and France, practiced the exile of delinquents on a large scale, often for the purpose of colonizing remote or distant areas ( Siberia , Australia , French Guiana ). As a criminal punishment, banishment has disappeared from the legal systems of the German-speaking area since the end of the 17th century. In France it was not officially abolished until 1994, although it was no longer imposed because of a violation of Article 3 of the European Convention on Human Rights .
- The banishment by broken courts in ancient Athens affected Aristeides , Themistocles , Kimon and Thucydides , among others .
- The poet Ovid was exiled to Tomis in what is now Romania during the Roman Empire .
- El Cid was exiled from the Kingdom of Castile twice .
- Sophie Dorothea von Braunschweig-Lüneburg was exiled to Ahlden Castle from 1694 to 1716 .
- The Danish Queen Caroline Mathilde was exiled to Celle Castle in the Duchy of Braunschweig-Lüneburg in the 18th century .
- Napoleon's banishment to the islands of Elba and St. Helena
- The Czech journalist Karel Havlíček Borovský was exiled to Brixen in South Tyrol from 1851 to 1855 .
- Exile in Russia:
- Alfred Dreyfus was exiled to Devil's Island from 1895 to 1899 .
- The last German Kaiser Wilhelm II spent the time after his abdication as an internee in exile in the Netherlands.
- Crown Prince Wilhelm spent five years in extended house arrest on the Dutch island of Wieringen (1918–1923) without the possibility of returning to Germany .
- The last Austrian Emperor Karl I was banished to the Atlantic island of Madeira by the victorious powers in 1921 after his attempt at restoration in Hungary .
- Banishes in Italian fascism :
- The German Princess Helena of Denmark was banned from Denmark for two years during the Second World War.
- Wolfgang Althof: Convict Islands: Places of Exile . Mittler, Hamburg / Berlin / Bonn 2005, ISBN 3-8132-0843-5 .
- Hermann Schreiber: Love, Power, Exile - The Fate of Women in the Tsarist Empire: The Fate of Women at the Tsar's Court . Katz, Gernsbach 2009, ISBN 978-3-938047-45-3 .
- Ernst Gerhard Jacob, Willy Schulz-Weidner: Colonies. In: Staatslexikon. (Fourth volume). Herder Verlag, Freiburg 1959, pp. 1130-1137.