Criminal Defence in Russia: Rights of Foreign Citizens

A foreign citizen suspected or accused of a crime in Russia has the same procedural rights as a Russian national, plus several guarantees linked to nationality and language. You may refuse to testify, demand a lawyer from the moment of detention, receive an interpreter free of charge and ask the authorities to inform your consulate. Use these rights at the first contact with the police, because statements given in the first hours often shape the whole case.

What Happens in the First 48 Hours After Arrest

Under the Russian Constitution, a person may be held without a court order for no more than 48 hours. Within that time the investigator either releases the suspect or asks a district court to impose custody or another restriction. A detention record is drawn up, and you have the right to read it and write your objections in it before signing.

Do not sign documents you do not understand. The Constitution also allows you not to testify against yourself, and anything you say may later be used as evidence. A polite refusal to comment until your lawyer arrives is lawful and cannot be treated as an admission.

Informing Your Embassy or Consulate

The Vienna Convention on Consular Relations entitles a detained foreigner to have the consulate of their country informed without delay and to receive consular visits. Ask for this explicitly and make sure the request is recorded in the protocol. Consular staff do not defend you, but they can contact relatives and check detention conditions.

Russian criminal procedure also requires the investigator to notify a close relative about the detention. For foreign nationals, the notice may be passed on through the embassy.

Language Rights and the Interpreter

If you do not speak Russian fluently, you are entitled to give evidence in your native language or a language you know, and to use an interpreter at every procedural step. The state pays for the interpreter. Key documents, including the decision to charge you and the indictment, must be delivered in translation.

Check that the interpreter actually speaks your language well. If translation is poor, state it in writing and request a replacement. Poor interpretation can be a ground for challenging evidence.

Choosing Defence Counsel

You may invite a lawyer of your choice or accept a state-appointed one. Only an advocate with Russian bar status, or another person admitted by the court, can defend in criminal proceedings. A privately chosen advocate works under a written agreement and can join the case at any stage.

Stages of a Russian Criminal Case

A case normally passes through a pre-investigation check, the preliminary investigation or inquiry, the approval of the indictment by a prosecutor, trial in a district court and review on appeal. Serious cases may be heard by a regional court or, on request of the accused, by a jury where the law allows it.

During investigation you may be held in custody, placed under house arrest, bailed or banned from certain actions. Foreigners are more often refused bail on the ground of flight risk, so the defence should present proof of residence, employment and family ties in Russia.

Immigration Consequences of a Conviction

A criminal record can lead to cancellation of a residence permit, a ban on entering Russia and deportation after the sentence is served. These consequences are decided by migration authorities separately from the criminal court. Discuss them with counsel before accepting a special procedure or plea agreement.

Urgent Help from Attorney E. V. Petrova

If a foreign citizen has been detained, attorney E. V. Petrova can review the detention record, attend questioning, prepare for the custody hearing and coordinate with the consulate and relatives. Send the name of the detained person, the place of detention and what is known about the charge.

The main channel of communication with the lawyer is email: lawyer@lawyer-moscow.com.