Criminal Defence in Russia: FAQ

A person detained or questioned in a Russian criminal case has the right to a defence lawyer from the first minute of detention. The case passes through a pre-trial investigation, a court trial and possible appeals, and early legal help shapes every later stage. Attorney Elena Petrova answers fifteen questions that relatives and foreign nationals ask most often.

Arrest and the First Hours

How long can police hold someone without a court order?

Up to 48 hours. After that, the person must be released or brought before a judge, who decides on custody or a milder restraint.

What should a detained person say?

Nothing about the substance of the case until the lawyer arrives. The Constitution allows a person to refuse to testify against himself and close relatives.

Can a foreigner contact the consulate?

Yes. Investigators must inform the consulate on request, and an interpreter must be provided free of charge.

Access to an Advokat

Who can act as defence counsel?

Only an advokat with a valid status in the Russian register. Relatives cannot choose an ordinary consultant for this role.

Can the family hire a lawyer if the detainee cannot?

Yes. Relatives sign the agreement, and the advokat presents a warrant to the investigator. The detainee then confirms the choice.

What if the investigator refuses access?

The refusal is a violation. The advokat files a complaint to the prosecutor or the court, and statements taken without counsel may later be excluded.

Measures of Restraint

How long can custody last?

The first term is up to two months, and courts may extend it. Each extension can be appealed.

The Investigation Stage

What does the defence do during the investigation?

Attends interrogations, files motions for evidence and expert examinations, and appeals unlawful actions. At the end, it studies the full case file.

Can the case be closed before trial?

Yes, where there is no crime, evidence is insufficient or the limitation period has expired. For minor offences, reconciliation with the victim or a court fine may end the case.

Trial in Court

Is there a jury?

For certain serious offences the accused may request a jury trial. Most cases are heard by a single judge.

Is a guilty plea possible?

For offences of small and medium gravity, an accused who agrees with the charge may ask for a special trial procedure without examining evidence. The sentence then cannot exceed two thirds of the maximum. A separate pre-trial cooperation agreement requires active help to the investigation and carries its own risks.

Can the defence present its own evidence?

Yes. Counsel may call witnesses, submit documents and specialist opinions, and ask the court to exclude evidence obtained unlawfully.

Appeals

How long is there to appeal a verdict?

Fifteen days from the announcement, or from receipt of the copy for a person in custody. Cassation and supervisory review follow.

Criminal Record and Its Removal

When is a conviction spent?

After a period set by the Criminal Code, which depends on the gravity of the offence and the sentence. A court may also remove a conviction early after good conduct.

Does a spent conviction affect travel or visas?

Under Russian law it has no legal consequences. Foreign immigration rules, however, may ask about convictions regardless.

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