Kentucky Statutes 505.060 – Effects of fraudulent prosecution or lack of jurisdiction
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A prosecution is not barred, as provided in KRS § 505.030, 505.040 and 505.050 if the former prosecution:
(1) Was procured by the defendant without the knowledge of the proper prosecuting officer and with the purpose of avoiding the sentence which otherwise might be imposed; or
(2) Was before a court which lacked jurisdiction over the defendant or the offense.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 48, effective January 1, 1975.
(1) Was procured by the defendant without the knowledge of the proper prosecuting officer and with the purpose of avoiding the sentence which otherwise might be imposed; or
Terms Used In Kentucky Statutes 505.060
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) Was before a court which lacked jurisdiction over the defendant or the offense.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 48, effective January 1, 1975.