Detention of a Suspect in Russia: The 3-Hour Protocol and the 48-Hour Limit

A person detained on suspicion of a crime in Russia has two clocks running. Article 92 of the Criminal Procedure Code (UPK) requires the inquiry officer or investigator to draw up a detention protocol within three hours after the suspect is brought in, and Article 94 requires the release of the suspect forty-eight hours after the detention unless a court has chosen custody or extended the detention. If the court's decision does not arrive within the same time, the suspect is released at once.

The short terms matter to the detained person, to relatives and to a lawyer who has been called. This guide explains what the protocol records, the lawyer's role, the notice to the prosecutor, the right to a private meeting with counsel before questioning, the court's role and what the release document shows.

What Happens in the First Three Hours

When the suspect is brought to the investigator or the inquiry body, the officer draws up the detention protocol within three hours. The protocol records that the suspect's rights were explained to him under Article 46 and states the date, time, place, grounds and reasons for the detention, the results of the personal search and other circumstances.

The person who drafted the protocol and the suspect sign it. A suspect who disagrees with a statement should write his remark in the protocol, not refuse to sign without explanation. The reasons for refusal are recorded if he declines.

If a lawyer has been with the suspect since the actual moment of detention, the lawyer's presence when the protocol is drawn up is mandatory (Article 92). Ask for the lawyer immediately, and do not give explanations before he arrives.

Notice to the Prosecutor

Article 92 requires the inquiry body, inquiry officer or investigator to notify the prosecutor in writing within twelve hours of the detention. The notice is a control measure: it lets the prosecutor check the grounds and the conditions of the detention.

The rule applies from the moment of actual detention, not from the moment the protocol is drawn up. Relatives and the lawyer can ask the investigator whether the notice was sent and when.

The detained person's family should also write to the prosecutor's office if the detention seems unlawful, with details of the time and place. The complaint does not replace the lawyer's work but gives a record.

The Right to a Private Meeting With a Lawyer

Before the first questioning, the suspect may meet his lawyer privately and in confidence if he asks for it. The investigator may limit a meeting longer than two hours when procedural actions with the suspect require it, but only after prior notice to the suspect and the lawyer. In no case can the meeting be shorter than two hours (Article 92).

The meeting is the time to agree the position, to check the suspect's health and to decide whether to testify. The lawyer will explain the right not to testify against oneself and the consequences of statements.

A foreign suspect has the right to an interpreter and to testify in his native language. If the interpreter is not provided, the lawyer should request one in writing.

The 48-Hour Limit and the Court

Under Article 94, the suspect must be released forty-eight hours after the detention if the court has not chosen custody as a preventive measure or has not extended the detention. During the period the investigator may ask the court to order custody, and the court holds a hearing in the presence of the suspect and the lawyer.

If the judge's ruling on custody or on extension does not reach the detention facility within the time limit, the head of the facility releases the suspect immediately and informs the investigating body and the prosecutor. This is a safeguard: delays in the court's ruling work in favour of the person.

The Code contains special provisions for martial law, under which different periods apply to certain serious crimes. They are an exception, and a lawyer will check the current rules.

Release and the Certificate

A detained person can be released earlier if the suspicion is not confirmed, if there are no grounds for custody, or if the detention violated Article 91. On release, the person receives a certificate that records who detained him, the date, time, place and grounds of detention, and the date, time and grounds of release.

If the court refused the investigator's request for custody, the suspect gets a copy of that ruling at release. The certificate and the ruling are important if the person later seeks compensation for unlawful detention or complains about the investigator.

A released person remains a suspect, and the investigator may choose a milder preventive measure or none. The lawyer will explain what obligations follow, such as appearing when summoned.

Foreign Citizens and Consular Contact

A foreign national who is detained has the right to contact his consulate under international rules, and the investigator informs the consulate in the cases required by treaties. The suspect should say at once which country's citizen he is and ask for the consul.

Relatives abroad should obtain the name of the investigator and the detention facility, and engage a Russian lawyer immediately. The lawyer's presence in the first hours is decisive, and the lawyer can be hired by relatives through an agreement signed remotely if the suspect agrees.

Language problems are common. Do not sign a protocol that you cannot read, and insist on translation.

What Relatives and Employers Should Do

Find out where the person is held: the investigator's office, a temporary detention facility or a police station. Hire a lawyer who knows the process. Provide the lawyer with the person's documents, medical information and the contact of the employer or business partners.

Keep a record of the time of detention as the family learns it. Prepare documents that show the person's ties to the place of residence, employment and family, because they matter in the court's decision on the preventive measure.

The attorney provides defence in the first hours of detention and at the custody hearing, and works with relatives of foreign clients. First review covers the protocol, the time of detention and the investigator's request to the court.

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