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Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant - 18 Pa. Cons. Stat. § 112Legal Research Home > Pennsylvania Statutes
§ 112. Former prosecution before court lacking jurisdiction or
when fraudulently procured by the defendant.
A prosecution is not a bar within the meaning of section 109
of this title (relating to when prosecution barred by former
prosecution for the same offense) through section 111 of this
title (relating to when prosecution barred by former prosecution
in another jurisdiction) under any of the following
circumstances:
(1) The former prosecution was before a court which
lacked jurisdiction over the defendant or the offense.
(2) The former prosecution was procured by the defendant
without the knowledge of the appropriate prosecuting officer
and with the purpose of avoiding the sentence which might
otherwise be imposed.
(3) The former prosecution resulted in a judgment of
conviction which was held invalid in a subsequent proceeding
on a writ of habeas corpus, coram nobis or similar process.
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Last modified: November 27, 2007 |