N.J.S.A. 2C:1-12 – Former Prosecution Before Court Lacking Jurisdiction

2C:1-12 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 11 under any of the following circumstances:

a. The former prosecution was before a court which lacked jurisdiction over the defendant or the offense tried in that court; or

b. The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer; or

c. 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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