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When prosecution barred by former prosecution in another jurisdiction - 18 Pa. Cons. Stat. § 111Legal Research Home > Pennsylvania Statutes
§ 111. When prosecution barred by former prosecution in another
jurisdiction.
When conduct constitutes an offense within the concurrent
jurisdiction of this Commonwealth and of the United States or
another state, a prosecution in any such other jurisdiction is a
bar to a subsequent prosecution in this Commonwealth under the
following circumstances:
(1) The first prosecution resulted in an acquittal or in
a conviction as defined in section 109 of this title
(relating to when prosecution barred by former prosecution
for the same offense) and the subsequent prosecution is based
on the same conduct unless:
(i) 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
(ii) the second offense was not consummated when the
former trial began.
(2) The former prosecution was terminated, after the
indictment was 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.
Cross References. Section 111 is referred to in section 112
of this title.
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Last modified: November 27, 2007 |