Pre-Trial Measures in Russia

While a criminal case is pending, a Russian court or investigator may impose a preventive measure on the suspect or accused. The list in Article 98 of the Code of Criminal Procedure runs from a written undertaking not to leave the area up to detention in custody. Bail, house arrest, a ban on certain actions and detention can be ordered only by a court, at a hearing where the defence argues against the investigator's motion.

The measure shapes the entire case. A person in custody has limited ability to work with counsel, gather documents or keep a business running. Arguing for a milder measure is an early defence task.

The Available Measures

From mildest to strictest, the Code offers these options:

• a written undertaking not to leave and to behave properly;
• a personal guarantee given by trusted persons;
• supervision by the command of a military unit, for servicemen;
• supervision of a minor by parents or guardians;
• a ban on certain actions, such as leaving home at night or using the internet;
• bail;
• house arrest;
• detention in custody.

The court must explain why a milder measure would not work before choosing a stricter one. The Plenum of the Supreme Court addressed this duty in its Resolution No. 41 of 19 December 2013 on preventive measures.

The Ban on Certain Actions

This measure appeared in 2018 as a middle ground between freedom and house arrest. The court picks specific bans: leaving home at set hours, visiting certain places, contacting named persons, sending mail, using the internet or driving.

Time under a ban on leaving home is credited against a later sentence at a reduced rate.

Bail as a Money Guarantee

Bail is a sum deposited with the court by the accused or another person. The Code sets minimum amounts: 50,000 roubles for crimes of minor and medium gravity and 500,000 roubles for grave and especially grave crimes. The court fixes the actual sum with regard to the charge, the accused's assets and the damage alleged.

If the accused breaches the conditions, the money goes to the state and the court may order detention. Bail is still used less often in Russia than house arrest, and a well-documented offer of a specific sum from a named source improves the chances.

House Arrest

Under house arrest the accused lives at a set address, usually with an electronic bracelet, and faces bans chosen by the court: no contact with named persons, no mail, no phone or internet except to reach counsel, the investigator and emergency services.

Time under house arrest counts toward a later prison sentence, though at a reduced rate compared with custody. The measure requires a lawful place of residence, which can be a problem for foreign citizens without registered housing in Russia.

The Court Hearing

The investigator files a motion with the court, which must consider it within eight hours of receipt. The suspect, his counsel and the prosecutor take part. The court may grant the motion, refuse it, choose a milder measure or adjourn for up to 72 hours so that the parties can bring evidence.

Reasons such as the gravity of the charge alone are not sufficient under the Plenum's guidance.

Arguments That Persuade Judges

Courts look for concrete facts, not general statements. The defence usually presents documents on permanent residence and family, employment, health conditions, the absence of a prior record, and cooperation with the investigation so far. A written consent from the owner of a flat to host the accused supports a motion for house arrest.

Some charges related to entrepreneurial activity carry special restrictions on detention.

When Relatives Live Abroad

Families outside Russia can still help: they can provide bail money through lawful channels, confirm family ties and send documents for the court. Attorney Elena Petrova coordinates such materials for clients in California before the hearing date.

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