Criminal Procedure Terms in Russia

A Russian criminal case passes through a pre-trial investigation, a trial and possible appeals. Each stage has its own vocabulary. Sledstvie and doznanie are two forms of investigation, podozrevaemy is a suspect, obvinyaemy is an accused person, and poterpevshy is the victim. This glossary explains these and related words so that a person abroad can follow what is happening.

The list was prepared by attorney Elena Petrova. The Code of Criminal Procedure (UPK RF) is the source of all the terms below.

Forms of Investigation

Sledstvie (следствие) is a full preliminary investigation carried out by an investigator. It is used for most serious crimes.

Doznanie (дознание) is a shorter, simplified inquiry run by an inquiry officer (doznavatel) for less serious offences.

Dosledstvennaya proverka (доследственная проверка) is a pre-investigation check after a crime report. It ends either with opening a case or with a refusal.

Vozbuzhdenie ugolovnogo dela (возбуждение уголовного дела) is the formal opening of a criminal case by a written order.

Who Is Who in a Criminal Case

A person can pass from witness to suspect within one case. The status changes the rights the person has.

Officials on the Prosecution Side

Sledovatel (следователь) runs the investigation and decides on searches and charges.

Prokuror (прокурор) supervises the investigation, approves the indictment and argues the case in court.

Operupolnomochenny (оперуполномоченный), often called "operativnik", is a police operative who gathers information by covert methods.

Measures of Restraint

Mera presecheniya (мера пресечения) is a preventive measure applied to a suspect or accused person.

• Zaklyuchenie pod strazhu (заключение под стражу) is detention in a SIZO by court order.
• Domashny arest (домашний арест) is house arrest with restrictions on contact and movement.
• Zapret opredelennykh deystviy (запрет определенных действий) bans specific actions, such as leaving home at night.
• Podpiska o nevyezde (подписка о невыезде) is a written undertaking not to leave the area.
• Zalog (залог) is bail paid to the court's account.

Key Procedural Documents

Postanovlenie o privlechenii v kachestve obvinyaemogo is the order bringing charges. It lists the alleged acts.

Obvinitelnoe zaklyuchenie (обвинительное заключение) is the indictment sent to court at the end of sledstvie. After doznanie the similar document is called obvinitelny akt.

Ekspertiza (экспертиза) is a forensic examination. The defence may ask questions for the expert and challenge the result.

Khodataystvo (ходатайство) is a motion filed by any party.

Trial and Outcome

Prigovor (приговор) is the verdict and sentence of a criminal court.

Opravdatelny prigovor is an acquittal. Obvinitelny prigovor is a conviction.

Osoby poryadok (особый порядок) is a simplified trial after the accused agrees with the charge.

Prekrashchenie dela (прекращение дела) is the termination of a case, for example after reconciliation with the victim or because the limitation period has expired.

Apellyatsiya (апелляция) is an appeal against a verdict that has not yet entered into force.

Rights You Should Know by Name

Zashchitnik (защитник) is the defence lawyer. A suspect may have one from the first questioning.

Pravo ne svidetelstvovat protiv sebya is the constitutional right not to testify against oneself and one's close relatives.

Oznakomlenie s materialami dela is the review of the case file by the defence at the end of the investigation.

If a relative is a suspect in Russia or you are named in a case, attorney Elena Petrova can explain the stage of the case and the steps available.

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