How long does the traffic law stipulate that the accident car should be detained?
1. Article 29 of the Procedures for Handling Road Traffic Accidents stipulates that the detention period shall not exceed 30 days. If the case is serious and complicated, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the next higher level.
2. The Law of the People's Republic of China on Road Traffic Safety was adopted at the fifth meeting of the Standing Committee of the Tenth NPC on October 28th, 2003. The first amendment was made according to the Decision on Amending the Road Traffic Safety Law of the People's Republic of China at the 31st meeting of the Standing Committee of the Tenth NPC on February 29th, 2007. According to the 20th meeting of the 11th NPC Standing Committee on April 22nd, 2006, the Decision on Amending the Road Traffic Safety Law of the People's Republic of China was revised for the second time.
The crime of causing traffic accidents refers to a criminal act that violates road traffic management laws and regulations, causing serious traffic accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be investigated for criminal responsibility according to law. The crime of causing traffic accidents is a crime that negligently endangers public safety. According to China's criminal law theory, the establishment of any kind of crime must have four elements, namely, the object of crime, the objective aspect of crime, the subject of crime and the subjective aspect of crime. Therefore, we still use the four constitutive elements of crime to illustrate the characteristics of traffic accident crime. That is, whether the traffic accident behavior constitutes a traffic accident crime, its only criterion is the criminal constitution of the crime.
According to the provisions of Article 133 of the Criminal Law, if a serious accident occurs due to violation of traffic regulations, causing serious injuries, deaths or heavy losses to public or private property, a case shall be filed for investigation.
According to 1, Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents published by the Supreme People's Court on June 5438+0 10, 2000, the crime of traffic accidents should be punished with imprisonment of not more than three years. (2) more than 3 people were killed and were equally responsible for the accident; (3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 300,000 yuan. Paragraph 2 of Article 2 stipulates that if a traffic accident causes serious injuries to more than 1 person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident: (1) driving a motor vehicle after drinking or taking drugs; (2) driving a motor vehicle without driving qualification; (three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order; (4) Driving while knowing that it is an unlicensed or scrapped motor vehicle; (five) serious overload driving; (six) to escape from the scene of the accident in order to escape legal investigation.
In one of the above circumstances, the public security organ shall file a case for investigation. It should be noted that whether a traffic accident case is decided to be put on file depends on distinguishing the responsibility of the accident and whether it meets the specific standards of the above judicial interpretation. If the perpetrator only violates the rules and does not cause serious consequences, it will not be treated as a crime and will not be placed on file.