2C:1-12 - Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant
2C:1-12.Ā Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant
A prosecution is not a bar within the meaning of sections 2C:1-9, 10 and 11Ā under any of the following circumstances:
a.Ā The former prosecution was before a court which lacked jurisdiction overĀ the defendant or the offense tried in that court;Ā or
b.Ā The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer;Ā or
c.Ā The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a petition for post-conviction relief or similar process, except that any bar as to reprosecution for a greater inclusive offense created by section 2C:1-9a. shall apply.
L.1978, c. 95, s. 2C:1-12, eff. Sept. 1, 1979.
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A prosecution is not a bar within the meaning of sections 2C:1-9, 10 and 11Ā under any of the following circumstances:
a.Ā The former prosecution was before a court which lacked jurisdiction overĀ the defendant or the offense tried in that court;Ā or
b.Ā The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer;Ā or
c.Ā The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a petition for post-conviction relief or similar process, except that any bar as to reprosecution for a greater inclusive offense created by section 2C:1-9a. shall apply.
L.1978, c. 95, s. 2C:1-12, eff. Sept. 1, 1979.
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