257. Where a prosecutor discovers that, as a result of an administrative error, the defendant has been convicted by default, he shall, unless an appeal has been filed, make an application for revocation of the judgment to the judge who rendered it or, if he is not available or does not have jurisdiction to hear an application for revocation, to a judge having jurisdiction to render such a judgment in the judicial district where judgment was rendered.
The prosecutor may also make an application for revocation of a judgment to such a judge where the defendant has fully or partially, to the prosecutor’s satisfaction, completed a judgment execution rules adaptation program referred to in the second paragraph of article 333 for the offences or classes of offences covered by the program. The processes undertaken by the defendant before the defendant’s participation in such a program must also be taken into consideration by the prosecutor.
Where judgment was rendered in the district contemplated in the second paragraph of article 187 or the second paragraph of article 218.3, the application for revocation of judgment may also be made in the district where proceedings were instituted.
1987, c. 96, a. 257; 2005, c. 27, s. 17; 2020, c. 12, s. 431.