A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:
(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or
(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; or
(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES
§ 202. All offenses defined by statute.
§ 203. Principles of construction.
§ 204. Territorial applicability.
§ 206. Method of prosecution when conduct constitutes more than 1 offense.
§ 207. When prosecution is barred by former prosecution for the same offense.
§ 208. When prosecution is barred by former prosecution for different offense.
§ 209. Former prosecution in another jurisdiction; when a bar.
§ 211. Repeal of statutes as affecting existing liabilities.
§ 221. Principles of definitions.
§ 223. Words of gender or number.
§ 231. Definitions relating to state of mind.
§ 232. Definition relating to elements of offense.
§ 233. Definition and classification of offenses.
§ 234. Definition of terms requiring certain sentences.
§ 241. Conviction to precede punishment.
§ 242. Requirements for criminal liability in general.
§ 243. Definition of “voluntary act.”
§ 251. Proof of state of mind required unless otherwise provided; strict liability.
§ 252. Prescribed state-of-mind requirement applies to all material elements.
§ 253. Substitutes for criminal negligence, recklessness and knowledge.
§ 255. Knowledge of high probability.
§ 262. Intentional or knowing causation; different result from that expected.
§ 263. Reckless or negligent causation; different result from that expected or overlooked.
§ 264. Causation in offenses of strict liability.
§ 271. Liability for the conduct of another — Generally.
§ 272. Liability for the conduct of another — No defense.
§ 273. Liability for the conduct of another — Exemption.
§ 274. Offenses involving 2 or more persons; convictions for different degrees of offense.
§ 281. Criminal liability of organizations.
§ 282. Criminal liability of an individual for organizational conduct.