Criminal Defence
A person suspected or accused of a crime in Russia has the right to a defence lawyer from the first moment of detention or first questioning. Defence counsel can be chosen by the person, by relatives or appointed by the state. If a family member in Russia has been detained, or you are abroad and learn of a criminal case against you, the earliest involvement of an attorney has the greatest effect on the outcome of the first days.
Attorney Elena Petrova, Moscow Bar register number 77/13551, handles criminal defence under the Russian Code of Criminal Procedure (UPK). She works with families in the United States who need clear explanations of what is happening in a Russian case.
Defence Counsel Under the UPK
The UPK sets out the powers of defence counsel in detail. The attorney meets the client in private without limits on number or length of visits. She may collect evidence, request expert examinations, attend all investigative actions with the client and review the case file once the investigation ends.
An attorney is admitted to a case on the basis of a warrant issued by her bar formation. No permission from the investigator is needed. A refusal to admit counsel can be appealed and is a serious procedural violation.
From Pre-Investigation Check to Verdict
A criminal case in Russia passes through distinct phases. Each has its own tasks for the defence.
| Phase | Who leads it | Defence focus |
|---|---|---|
| Pre-investigation check | Police or investigator | Avoiding hasty statements, explaining facts in writing |
| Preliminary investigation | Investigator or inquiry officer | Evidence, expert reviews, preventive measure |
| Review of the file | Investigator | Studying all volumes, filing motions |
| Trial | Judge | Examining witnesses, challenging evidence |
Before a case is opened, the person has the status of a participant in a check. Statements given at that stage can later be used, so counsel should be present from the start.
Rights Every Accused Person Holds
The accused has the right to know the charge and to receive a copy of the decision on charging. He may refuse to testify against himself, a right protected by the Russian Constitution. Testimony given without counsel and later withdrawn cannot alone support a conviction.
A foreign citizen or a person who does not speak Russian has the right to an interpreter at no cost. Consular notification may also be requested. The accused may file motions and complaints at any time, and may review protocols before signing them.
Court Hearings on Custody
Detention by police without a court order is limited to 48 hours. To keep a person longer, the investigator must ask a court to impose custody. The hearing is short, and the defence must be ready within hours.
The attorney presents alternatives: house arrest, a ban on certain actions or bail. Evidence of a permanent address, family ties, employment and health conditions matters here. Custody at the investigation stage is initially set for up to two months and may be extended by further court decisions, each of which can be appealed.
Challenging a Verdict
A first-instance verdict may be appealed within 15 days from its pronouncement, or from the date a detained defendant receives a copy. The appeal court reviews facts and law and may hear new evidence if there were valid reasons it was not presented earlier.
After the appeal, cassation review is available on legal grounds. The defence also uses supervisory review in the Supreme Court in exceptional cases. Each step requires a written complaint that points to specific errors in the case file.
Working With Families Abroad
Relatives in California often cannot visit the detention facility or the court. The attorney visits the client, passes on permitted information and explains the next procedural steps in English. She also advises on parcels, correspondence rules and the payment of bail if the court allows it.
Contacting the Defence Attorney
Describe the situation, the region of Russia, the status of the person and any documents received from the investigator. The first reply covers urgent steps and the scope of work.
The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.