If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the Governor, in the Governor's discretion, either may surrender the accused on demand of the executive authority of another state or hold the accused until the accused has been tried and discharged or convicted and punished in this State.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 25. EXTRADITION AND DETAINERS
Subchapter I. Extradition; Uniform Criminal Extradition Law
§ 2502. Fugitives from justice; duty of Governor.
§ 2504. Investigation by Governor.
§ 2505. Persons imprisoned or awaiting trial; involuntary departure.
§ 2506. Persons absent at time of commission of crime.
§ 2507. Governor's warrant of arrest; issuance.
§ 2509. Authority of arresting officer to command assistance.
§ 2510. Rights of accused; habeas corpus.
§ 2511. Denial of rights of accused; penalty.
§ 2513. Arrest prior to requisition.
§ 2514. Arrest without warrant.
§ 2515. Commitment awaiting requisition; bail.
§ 2516. Admission to bail; conditions of bond.
§ 2517. Extension of time of commitment.
§ 2519. Persons under criminal prosecution.
§ 2520. Inquiry into guilt of accused.
§ 2521. Recall of warrant; issuance of alias.
§ 2522. Warrant to receive fugitive from State.
§ 2523. Application for issuance of requisition.
§ 2525. Immunity from process in civil actions.
§ 2526. Waiver of requisition.
§ 2527. Preservation of rights of State.