2C :1-12 . Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant

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.