1, traffic violation detention can be released on bail pending trial. Because bail pending trial is a compulsory measure in criminal proceedings and cannot be used in administrative cases. For special reasons, the detainee may suspend execution under the condition of providing guarantee.
2. Legal basis: Article 67 of the Criminal Procedure Law of People's Republic of China (PRC).
Conditions and enforcement of obtaining a guarantor pending trial People's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Second, what is the difference between criminal detention and detention?
1. Criminal detention and detention apply to different objects. The former applies to criminals, while the latter applies to flagrante delicto or major suspects.
2. Their decision-making organs are different. The decision-making organ of criminal detention is the court, and the detention is the public security organ and the procuratorate;
3. The terminology is different. The term of criminal detention is 1 month to 6 months, with a maximum of 37 days.