2C:1-11. Former prosecution in another jurisdiction: when a bar When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States, a prosecution in the District Court of the United States is a bar to a subsequent prosecution in this State under the following circumstances:
a. The first prosecution resulted in an acquittal or in a conviction, or in an improper termination as defined in section 2C:1-9 and the subsequent prosecution is based on the same conduct, unless (1) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil or (2) the offense for which the defendant is subsequently prosecuted is intended to prevent a substantially more serious harm or evil than the offense of which he was formerly convicted or acquitted or (3) the second offense was not consummated when the former trial began; or
b. The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense of which the defendant is subsequently prosecuted.
L.1978, c. 95, s. 2C:1-11, eff. Sept. 1, 1979. 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.
a. The first prosecution resulted in an acquittal or in a conviction, or in an improper termination as defined in section 2C:1-9 and the subsequent prosecution is based on the same conduct, unless (1) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil or (2) the offense for which the defendant is subsequently prosecuted is intended to prevent a substantially more serious harm or evil than the offense of which he was formerly convicted or acquitted or (3) the second offense was not consummated when the former trial began; or
b. The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense of which the defendant is subsequently prosecuted.
L.1978, c. 95, s. 2C:1-11, eff. Sept. 1, 1979. 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.
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