When Someone Close to You Is Arrested or Convicted in Russia: A Guide for Overseas Families

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Discovering that someone close to you has been detained, charged, or sentenced to prison in Russia can be frightening and overwhelming - especially when you are following the case from abroad, have little or no knowledge of Russian, and know only parts of what has happened. The Russian legal system in criminal cases can be difficult to navigate even for Russian citizens; for relatives living overseas, the lack of local knowledge, language difficulties, and physical distance make the situation considerably more complicated. This practical guide, prepared by the criminal law team of Yalanzhi & Partners in Moscow, sets out what normally happens at each stage of a Russian criminal case, which procedural deadlines are critical, what errors should be avoided, and what can realistically be done - even after a conviction has been entered.

Begin by establishing the facts

Before any realistic legal assessment can be made, the family needs reliable information about the case: where exactly the person is detained, which authority is investigating, what criminal offence the person is suspected or accused of committing, whether formal charges have been filed, whether the court has imposed detention as a preventive measure, and whether a lawyer - state-appointed or privately retained - is already involved. For people who are not Russian citizens, additional questions arise around translation and interpretation, consular assistance, and contact with relatives. The earlier an independent criminal defence attorney reviews the situation, the greater the range of legal options that may still be available. Work done while the case is still under investigation - raising objections, challenging evidence, and documenting mitigating circumstances - may determine what arguments remain available on appeal. This is what defence during the investigation means in practical terms: protecting the client's immediate interests while creating a proper record for any future appeal.

Charges foreign nationals face most often

In our practice, foreign citizens in Russia are often prosecuted under a recognisable set of provisions of the Russian Criminal Code. These include Article 228 and Article 228.1 (offences involving possession and trafficking of narcotic substances), Article 229.1 (smuggling of narcotic substances, including cases arising at airports), Article 159 (fraud), Articles 111 and 112 (intentional infliction of bodily injury), Articles 131 and 132 (offences of a sexual nature), Article 105 (murder), and Article 322 (illegal border crossing). Every category presents different questions of evidence and its own body of judicial practice, which can significantly affect the legal strategy. Our approach to defending these types of cases is described here: defence against criminal charges.

The trial stage: why the first-instance record matters on appeal

Russian trial courts return acquittals in only a very small percentage of criminal cases. Families should view this not as a reason to give up, but as a reason to approach the case realistically: in the Russian system, a significant part of the legal battle may continue before appellate and cassation courts. And those courts base much of their review on the procedural record created below. If important mitigating factors were not formally recorded, if the admissibility of key evidence was never challenged, if arguments concerning the correct legal classification were not placed on the record - presenting these arguments effectively at the review stage may become much more difficult. A properly structured defence at trial therefore must pursue two objectives at the same time: seeking the best possible outcome at trial while preparing for a possible appeal.

After a guilty verdict: the legal routes that remain available

A court's guilty verdict is not necessarily the final opportunity to challenge the case. Russian law sets out a series of procedures through which a conviction may be reviewed. An appellate appeal is subject to a 15-day filing period following the judgment under Article 389.4 of the Code of Criminal Procedure; for a defendant in custody, the period begins on the date the person receives a copy of the judgment. Importantly, on an appeal brought solely by the defence, the court is prohibited from making the convicted person's legal position worse - the law prohibits it - 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 is available: the initial mandatory stage of cassation review must be sought within the six-month statutory period, 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. Convictions in Russia are modified and overturned years after they enter into force when the defence finds substantial legal grounds capable of affecting the judgment. A missed deadline, if there were valid grounds for the delay, may in appropriate circumstances be reinstated by the court.

How Yalanzhi & Partners evaluates a case - before asking for any fee

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Our post-conviction work begins in the same way in every case: with evidence and court documents rather than predictions or guarantees. We ask the client's family to forward the judgment and, if reviews have already taken place, the subsequent appeal and cassation rulings - readable scans or photographs are sufficient for the initial review. The text is converted into searchable digital form and checked against our internal database of 136,000 Russian criminal cases in which sentences were amended or reduced, or judgments were set aside, indexed by criminal charge, factual pattern, identified violation, geographic region, and judicial level. Our lawyers then review the matches and determine whether established judicial practice realistically supports a challenge. This preliminary evaluation is carried out free of charge, and in roughly eight out of ten cases our assessment is that the prospects for further review are poor - the judgment is legally sound on the issues reviewed, or the relevant judicial practice does not provide sufficiently consistent support. Relatives living abroad are especially exposed to advisers who sell hope rather than legal analysis; we would rather give an unwelcome answer than charge for a challenge we do not believe is properly supported. When the documents reveal substantial grounds for challenging the judgment, the client is shown before signing an agreement which court decisions will support the defence.

While serving a sentence: parole and commutation

For those already serving a custodial sentence, the law offers two additional legal mechanisms: conditional early release (parole, Article 79 of the Criminal Code) and replacement of the unserved portion of imprisonment with a milder penalty under Article 80, including transfer to a correctional centre. Eligibility depends on the category of the offence and how much of the sentence has already been served; the quality of preparation matters greatly, including records of conduct, work, restitution and family circumstances, so this work should begin early. A detailed explanation of these mechanisms can be found here: parole and sentence commutation.

Working with families overseas: no travel required

Our work is organised so that cases can be handled remotely: documents are exchanged electronically, and court representation in regional appellate and cassation courts is arranged via court video conferencing - a legally recognised method of participation. When a case is brought before the Supreme Court of Russia, our lawyers appear personally: the Court sits in Moscow, where our office is located. Where in-person presence in a regional court is important to the client, we arrange assistance from vetted lawyers in the relevant region while the overall strategy and preparation of legal documents stay under our control. Equally importantly, you will actually understand what is happening. We communicate with each family in their own language - whatever language that is, and our reports to families are designed to be understandable rather than filled with procedural terminology: what was filed, what the court has ruled, what the next procedural step will be 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 families monitoring proceedings from abroad, that ability to understand the process is almost as important as receiving the documents themselves.

An important warning

Be very cautious with anyone who claims that a particular court result is certain, claims to have “connections”, or demands immediate payment while discouraging you from speaking to anyone else. No lawyer can properly guarantee how an independent court will rule, and attempting to pay for supposed influence can create serious legal risks for the family. A professional defence lawyer provides legal analysis, a reasoned strategy, and documented professional work - and should be able to explain clearly which legal issues have been identified and which lawyer will be responsible for the matter.

Start by having the documents reviewed

If your partner or another person close to you has been arrested or accused of a criminal offence in Russia, or has already been convicted, do not wait until you have collected the entire case file. Send any relevant court documents already in your possession - even the judgment by itself can provide substantial information - for a free, confidential review at lawyersinrussia.com. Sometimes there are significant grounds for further proceedings; in other cases, an honest assessment shows that few viable options remain. Either way, what your family needs at the beginning is not reassurance without evidence. It is an informed assessment of the current situation.

Author: Grigoriy Nosov, Yalanzhi & Partners - Head of Criminal Practice