Russian Criminal Procedure: A Walkthrough

A Russian criminal case moves through a fixed sequence: a pre-investigation check, the opening of a case, the preliminary investigation, the trial and then appeal. The Code of Criminal Procedure governs each stage. Rights you fail to use early, such as refusing to testify without a lawyer, are hard to recover later.

Attorney Elena Petrova defends people in Russian criminal cases, including foreigners and Russians who live abroad and learn about a case from relatives. This walkthrough explains what happens and when.

The Check Before a Case Is Opened

Everything starts with a report of a crime: a victim's statement, a police report or a tax referral. Investigators then run a check. The law sets a short period for it, which can be extended. During the check, officers take explanations, request documents and order expert studies.

A person called for an explanation at this stage is not yet a suspect. Still, what he says goes into the file. You may bring a lawyer and may decline to speak against yourself, a right the Constitution guarantees.

The Preliminary Investigation

Once a case is opened, the investigator collects evidence: questioning, searches, seizures, confrontations and expert examinations. Serious cases are investigated by the Investigative Committee, the Interior Ministry or the FSB, depending on the crime.

A person becomes a suspect or, after a formal charge, an accused. Both have the right to a defence lawyer from the first interrogation. The investigation ends with the accused and the lawyer studying the entire case file. This is the moment to file motions and point out flaws.

Arrest and Pretrial Measures

An investigator may detain a suspect without a court order for up to 48 hours. Longer custody requires a court decision.

Defence work at the detention hearing focuses on alternatives to custody: a stable address, family ties and readiness to appear. Every extension of custody can be challenged on appeal.

The Court Hearing

The prosecutor sends the case to court with an indictment. The judge holds a preliminary hearing when grounds exist, for example to exclude inadmissible evidence. Some offences may be tried by a jury if the accused requests it.

At trial the sides examine witnesses and experts and present documents. An accused who agrees with the charge may ask for a special procedure without full examination of evidence. The sentence is then capped, but this path is only for those who truly accept guilt.

Appealing the Verdict

A verdict can be appealed to a higher court within a short deadline counted in days. The appeal court may review both facts and law. After that come cassation and, in limited cases, supervisory review by the Supreme Court.

Written grounds matter at each level. New evidence on appeal is accepted only if the party explains why it was not presented earlier.

Defence Rights From First Contact

Throughout the case you have the right to know the charge, to remain silent, to use your native language with an interpreter, to present evidence and to file complaints. A lawyer may not be questioned about what the client told him.

Complaints against actions of the investigator go to the prosecutor or to court. Using them early often stops unlawful searches or seizures.

Working With a Defender From Abroad

When a relative is detained or a summons arrives, the first task is to find out the status of the person and the article charged. We then enter the case under a contract and give written updates in English to the family.

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