Discovering that a family member has been detained, accused of an offence, or given a prison sentence in Russia can leave a family uncertain about what to do next - particularly when you are thousands of kilometres away, do not speak Russian, and know only parts of what has happened. The Russian legal system in criminal cases can be challenging even for Russian nationals; for people trying to help from another country, the lack of local knowledge, language difficulties, and physical distance make the situation considerably more complicated.
This practical guide, prepared by the criminal practice team of Yalanzhi & Partners in Moscow, sets out what normally happens at the principal stages of a Russian criminal case, which deadlines matter, which mistakes cost families the most, and what steps can still be taken in practice - even where the defendant has already been convicted.
Step one: establish the facts, not the promises
Before any realistic legal assessment can be made, the family must establish several essential facts: where the person is being held, which authority is investigating, what offence is alleged, whether formal charges have been filed, whether a court has ordered pre-trial detention, and whether legal counsel has already entered the case. For people who are not Russian citizens, additional questions arise around translation and interpretation, consular assistance, and contact with relatives. The earlier an independent defence lawyer reviews the situation, the more opportunities there generally are to influence the course of the case. Work done at the investigation stage - raising objections, challenging evidence, and documenting mitigating circumstances - can later form the basis of an effective appeal. This is what defence during the investigation is intended to achieve: protecting the person now while building the record for the future.
Offences frequently alleged against foreign nationals
From our experience with criminal cases involving foreign nationals, foreign citizens in Russia are often prosecuted under a relatively consistent group of articles of the Russian Criminal Code. These commonly include Article 228 and Article 228.1 (offences involving possession and trafficking of narcotic substances), Article 229.1 (drug smuggling, which frequently arises in airport-related cases), Article 159 (fraud-related offences), Articles 111 and 112 (intentional bodily harm), Articles 131 and 132 (sexual offences), Article 105 (murder), and Article 322 (unlawful crossing of the state border). Each type of offence involves its own typical evidentiary issues and established appellate practice, which has a direct impact on how the defence should be structured. More on how we approach these cases: defence against criminal charges.
The trial and the importance of preserving the record
Russian trial courts return acquittals in only a very small percentage of criminal cases. Families should understand this not as a reason for despair but as a reason to plan realistically: in the Russian system, review proceedings before appellate and cassation courts can become critically important. And those courts work primarily with the written record. If important mitigating factors were not formally recorded, if the defence failed to challenge whether crucial evidence was admissible, if arguments concerning the correct legal classification were not placed on the record - raising these points later becomes far harder. A well-prepared first-instance defence therefore serves two purposes simultaneously: the verdict today and the appeal tomorrow.
After a guilty verdict: the legal routes that remain available
A guilty verdict does not necessarily mark the end of the case. Russian law provides a multi-stage process for challenging criminal judgments. An appellate appeal generally must be lodged within 15 days under Article 389.4 of the Code of Criminal Procedure; for a convicted person who remains in detention, the period begins on the date the person receives a copy of the judgment. Importantly, on a defence appeal, the court cannot worsen the convicted person's position - this is prohibited by law - so the defence does not create a risk of a worse result simply by filing such an appeal. Once the conviction becomes legally effective, a cassation appeal may be pursued: the first, mandatory cassation review must be requested within 6 months, while subsequent review proceedings - including a petition to the Supreme Court of the Russian Federation - is not limited by a strict deadline where it seeks to improve the convicted person's position. Russian criminal judgments can be modified or overturned even years after becoming final when the defence demonstrates a significant legal violation. A procedural deadline that has already expired, if there were valid grounds for the delay, can also be restored by the court.
Case evaluation at Yalanzhi & Partners - before any fee is requested
Our representation in cases following conviction begins in the same way in every case: with a careful review of the documents, not assurances about the outcome. We normally ask relatives to provide the text of the judgment and, if reviews have already taken place, the relevant appellate and cassation decisions - scans or clear photos are sufficient. The text is digitised and analysed against our internal database of 136,000 Russian criminal cases in which courts modified sentences, reduced punishment, or overturned convictions, indexed by criminal charge, factual pattern, identified violation, geographic region, and judicial level.
Our lawyers then study the comparable decisions and determine whether established judicial practice realistically supports a challenge. This preliminary legal analysis is conducted at no cost, and in the majority of cases - roughly eight out of ten our honest answer is that the prospects for further review are poor - the judgment is free from an identifiable substantial violation, or the practice is inconsistent. Families abroad are especially vulnerable to people selling hope; we would prefer not to take a case than encourage unrealistic expectations. When the review identifies a viable basis for further proceedings, the client can see in advance the judicial decisions and legal positions on which the challenge will rely.
Parole and sentence commutation while serving a sentence
For those currently serving a prison sentence, the law provides two further mechanisms: conditional early release (parole, Article 79 of the Criminal Code) and replacement of the remaining sentence with a milder punishment under Article 80, which may include a move to a less restrictive form of punishment. Eligibility is determined by the offence category and the portion of the sentence served; the quality of preparation matters greatly, including records of conduct, work, restitution and family circumstances, so this work should begin early. More information can be found here: parole and sentence commutation.
How we work with families abroad without requiring them to travel
Our practice is designed to work effectively with clients and families overseas: documents are exchanged electronically, and participation in regional appellate and cassation proceedings can be organised through court video conferencing - a standard, legally recognised procedure. When a case is brought before the Supreme Court of Russia, our lawyers appear personally: the Court is located in Moscow, where our Moscow office is situated. Where a client considers personal attendance in a regional court important, we involve trusted local co-counsel while our team remains responsible for the legal strategy and drafting.
Equally importantly, you will actually understand what is happening. We make sure families can communicate with us in their own language, and our written case updates use straightforward language instead of unnecessary legal jargon: what has been submitted, what the court decided, what happens next and when it is expected to happen. A literal translation of procedural terminology is not the same as understanding the case; a clear explanation is. For people trying to manage a relative's case from overseas, that ability to understand the process is almost as important as receiving the documents themselves.
What families should be cautious about
Be very cautious with anyone who guarantees a result, claims to have "special connections", or pushes you to transfer money quickly and keep the arrangement secret. No lawyer can lawfully promise a particular decision from an independent court, and paying for "influence" can expose your own family to criminal risk. A responsible lawyer provides legal analysis, a reasoned strategy, and documented professional work - and answers calmly when you ask what legal issues they have identified and who exactly will handle the case.
Start by having the documents reviewed
If someone close to you has been taken into custody, charged with an offence, or sentenced in Russia, do not wait for the complete criminal case file before asking for a review. Send any relevant court documents already in your possession - a copy of the judgment alone can already reveal important aspects of the case - for a free, confidential review at lawyersinrussia.com. The assessment may reveal strong legal grounds for intervention, or it may show that there is little realistic scope for further challenge. Either way, what your family needs at the beginning is not a guarantee. It is an accurate understanding of where you stand.
Author: Grigoriy Nosov, Head of the Criminal Practice at Yalanzhi & Partners