Hired vs Appointed Defence Counsel in Russia

In a Russian criminal case, a suspect who has not hired a lawyer gets one appointed by the investigator or the court, paid from the state budget. Appointed counsel is a full member of the bar with the same powers as a hired advokat. The difference lies in how the lawyer enters the case, how much time the lawyer can give it, and whether the client chooses the person. A hired lawyer is engaged by agreement and answers to the client from the first day.

Attorney Elena Petrova takes on criminal cases under agreement, including at the first interrogation and at restraint hearings.

How Appointment Works

The Criminal Procedure Code requires participation of defence counsel in many situations: when the suspect asks for it, is a minor, has a disability affecting self-defence, does not speak Russian, or faces a very serious charge. If no hired lawyer appears, the authority calls one in.

Appointment goes through a bar chamber system that distributes requests among members on duty. The investigator does not formally pick the name. The accused may refuse appointed counsel, but the refusal is not binding in cases where defence is mandatory.

How a Private Engagement Starts

A hired advokat works under an agreement with the client or with a relative acting for the client. The lawyer presents an order from the bar association and a warrant, and joins the case at once. A family member can hire a lawyer for a detained person even before the person signs anything.

The agreement sets the scope of work: the investigation stage, trial, appeal or all of them. The fee is agreed freely and cannot depend on the outcome of a criminal case.

Differences at a Glance

Resources and Time

State rates for appointed work are modest and paid per day of participation. Many appointed lawyers carry heavy caseloads. That leaves little time for independent investigation, visits to the detention centre or a search for witnesses.

A hired lawyer can gather evidence, commission a specialist opinion, question people with their consent and request documents. These powers are in the law on the bar and apply to every advokat, but using them takes time that someone must pay for.

Effect on the Course of the Case

No lawyer can promise an acquittal, and the law does not rate one form of defence above the other. In practice, the gap shows in early steps: advice before the first interrogation, a prepared position at the restraint hearing, timely motions and complaints about investigator actions.

Errors made in the first days are hard to fix later. A confession given without proper advice remains in the file even when retracted.

Access to a Lawyer After Arrest

A detained suspect is entitled to a lawyer from the moment of actual detention, not from the moment papers are drawn up. The first confidential meeting must be allowed before the first interrogation.

Relatives often do not know where the person is held. A hired lawyer can find this out and appear at the police station or the investigative committee office the same day.

Making the Choice

If appointed counsel is already in the case, the client can hire a lawyer at any stage. The appointed lawyer then leaves, or both may work together.

Petrova first reviews the charge, the procedural documents the client has, and the dates of coming hearings. Then she agrees the scope of work in writing.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.