Legal analysis
Bail pending trial refers to the compulsory measures that people's courts, people's procuratorates or public security organs order some criminal suspects and defendants to put forward guarantors or pay bond to ensure that they are on call. Bail pending trial shall be executed by the public security organ. After a traffic accident, if the circumstances are serious, the perpetrator can be detained, and the traffic accident suspect can also apply for bail pending trial according to the actual situation, that is, he will not be detained for the time being. The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a written decision on bail pending trial and an execution notice on bail pending trial shall be issued, and the executing organ for bail pending trial shall be the public security organ. At the time of execution, the public security organ shall read out the decision on bail pending trial to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during the period of bail pending trial.
legal ground
"Road Traffic Safety Law of the People's Republic of China" Article 72 After receiving the traffic accident alarm, the traffic administrative department of the public security organ shall immediately send traffic police to the scene, organize rescue for the injured first, and take measures to restore traffic as soon as possible. The traffic police shall conduct an inquest and inspection on the scene of the traffic accident and collect evidence; Due to the need of collecting evidence, the accident vehicle may be detained, but it shall be properly kept for verification. The traffic administrative department of the public security organ shall entrust a specialized agency to conduct a professional inspection of the physical and mental condition of the parties. The appraisal conclusion shall be signed by the appraiser.