What to Do If You Are Detained in Russia in a Criminal Case

If you are detained in Russia in a criminal case, it rarely happens at a moment when you are prepared, understand what will happen next and can calmly decide what to say. More often, the situation is the opposite: an unfamiliar place, several officials, documents presented for signature, questions that seem to require immediate answers and the feeling that if everything is explained quickly enough, the problem may simply go away.

The first hours matter because this is when the first procedural documents are created, the first statements may be recorded and decisions are made that can later become part of the criminal case.

In short: what should you do if you are detained in Russia in a criminal case?

First, establish your procedural status and remember the time when you were actually deprived of your freedom to leave. Do not rush into giving a detailed account before speaking with a lawyer. A suspect has the right to meet with defence counsel privately and confidentially before the first questioning.

Read detention records and other procedural documents carefully before signing them. If something is incorrect, ask for the discrepancy or objection to be recorded. If a family member has been detained, try to establish where the person is being held, when the actual detention took place, which authority is dealing with the case and what is known about the suspected offence..

How do you know your legal status after detention?

Being taken to a police station or investigative authority does not by itself explain a person’s procedural status. If a person has been formally detained as a suspect under Russian criminal procedure, they have the right to know what they are suspected of and to receive a copy of the detention record.

One of the most important practical points is that the detention period is linked to the moment of actual deprivation of freedom of movement, rather than simply to the time when the written detention record was prepared.

For that reason, try to remember the exact time and circumstances in which you were no longer free to leave. As a general rule, detention before a court decision should not exceed 48 hours.

Should you give a statement immediately?

No. A suspect does not have to begin giving a detailed account immediately after detention. A common reaction is to try to explain everything as quickly as possible. The person may believe that once the investigator hears the full story, the misunderstanding will be resolved.

The difficulty is that, at this stage, the suspect usually does not know what evidence the investigators already have, what other people have said, what documents or recordings have been obtained or how the suspicion has been formulated. A suspect has the right to give evidence or to refuse to do so. Article 51 of the Constitution of the Russian Federation also protects a person from being compelled to testify against themselves, their spouse or close relatives.

This does not mean that remaining silent is always the best strategy. In some cases, giving a detailed account may be important to the defence. The real questions are when to speak, what to explain and how much detail to give.

Those decisions are better made after the allegation and the immediate circumstances of the case are understood. Statements given at an early stage may later remain part of the case. The assumption that an inaccurate or poorly considered statement can simply be corrected later may create additional problems.

When can you speak to a lawyer?

A suspect has the right to legal assistance and to meet with defence counsel privately and confidentially before the first questioning. If defence counsel is already involved in the case when the detention record is being prepared, the lawyer may participate in that procedure as well.

The meeting before questioning is not simply a formality. A lawyer needs to understand what the person is suspected of, why the detention took place, whether searches or seizures have already occurred, what was taken, whether there may be witnesses, messages, recordings or documents relevant to the defence. A defence strategy often begins to take shape during these first hours, long before the case reaches court.

More information about my work in this area is available on the Russian Criminal Defence Lawyer page.

When must the detention record be prepared?

Under Article 92 of the Criminal Procedure Code of the Russian Federation, the detention record must be prepared within three hours after the suspect is brought before an investigator or inquiry officer. The record should include information such as the time and place of detention, the grounds and reasons for it, the circumstances of detention and the results of any personal search. It should not be treated as a routine form that can safely be signed without reading it.

Check in particular the time of the actual detention, the place of detention, the description of what happened, any property or documents that were seized, and whether your statements or objections are recorded correctly. If the record does not accurately reflect what happened, the specific disagreement should be recorded. Saying later that a document was signed because an official said it was “standard” is generally much weaker than making a clear written objection at the time.

When must a detained suspect be questioned?

Under Article 46 of the Criminal Procedure Code of the Russian Federation, a detained suspect must be questioned no later than 24 hours after the moment of actual detention. That deadline does not mean that the person has to start answering every question in detail without first consulting defence counsel. During questioning, what matters is not only what the person intended to say, but also how those words are recorded.

Before signing the questioning record, read it carefully. If the wording does not reflect what was actually said, ask for it to be corrected or make a formal note of the disagreement. Do not accept wording simply because someone says that “the meaning is the same”. In a criminal case, two similar sentences can have very different consequences.

Can relatives be told about the detention?

Under Article 96 of the Criminal Procedure Code of the Russian Federation, a detained suspect generally has the right to one telephone call to inform a relative or another close person about the fact of detention and where they are being held. The call should be provided as soon as possible and, generally, no later than three hours after the person is brought before the investigator or inquiry officer. Russian criminal procedure provides for limited exceptions connected with the interests of the investigation.

If you can contact a relative, it is usually more useful to give practical information than to try to explain the whole case over the phone. Say where you are, which authority is dealing with the matter if you know, the name of the investigator if available, and that a lawyer needs to be contacted.

Why you should not try to guess the investigators’ strategy

A detained person knows their own version of events, but usually knows very little about the overall case assembled by the investigators. They may not know what other witnesses have said, whether CCTV footage or other recordings have been obtained, what was found during searches or what version of events the investigators are actually examining. Trying to adjust your account to what you think the investigators already know can therefore create more problems than it solves.

It is better to separate facts you genuinely know from assumptions.

Statements such as “we already know everything”, “everyone else has already told us what happened” or “just explain it now and you can go home” do not by themselves show what evidence the investigators actually have or what decision will be made next.

What happens after 48 hours?

Detention does not automatically mean that the person will remain in custody. Before the relevant detention period expires, a further procedural decision has to be made. If there is no legal basis to continue restricting the person’s liberty, or if the court does not order the relevant preventive measure, the suspect must be released subject to the procedures and exceptions provided by law. If investigators ask the court to order pre-trial detention, the case moves into a separate question concerning the preventive measure.

At that point, the court may consider not only the allegations themselves but also information about the person’s residence, family, employment, health and other relevant circumstances that the defence may need to collect and present.

What should you do if a family member has been detained in Russia?

Relatives often feel that they need to understand the entire case immediately. In practice, that is usually impossible. Start by collecting concrete information: the detained person’s full name and date of birth, where the person is believed to be held, the time of the actual detention, which authority is dealing with the case, the name of the investigator or inquiry officer if known, the relevant Criminal Code article if it has been disclosed, whether a search took place and what was seized, and information concerning residence, family, employment or health if a preventive measure may be considered.

This information will be useful regardless of which lawyer ultimately handles the case. During the first hours, providing a lawyer with accurate information about the time, place and circumstances of detention is usually more useful than trying to reconstruct the entire criminal case from several incomplete accounts. If urgent in-person defence is required immediately after detention, it is important to find a lawyer who can act for the detained person where they are being held and attend in person without delay.

A local defence lawyer can deal with the immediate proceedings in person, while the case materials and defence strategy can also be reviewed independently and remotely in parallel. The two roles do not necessarily replace one another.

What if you already have a lawyer but still have doubts?

Having defence counsel does not mean that you must accept a strategy without understanding it. If it is unclear why you are being advised to give certain statements, why a particular motion is not being filed, what risks the defence sees or what the next steps are supposed to be, those questions should first be discussed directly with the lawyer handling the case. If substantial doubts remain, the documents can be reviewed independently by another lawyer without automatically replacing existing counsel.

More information about that format is available on the Second Legal Opinion page.

Frequently asked questions

How long can someone be detained without a court decision?

As a general rule, detention under Russian criminal procedure should not exceed 48 hours from the moment of actual detention before a court decision is required.

Can a suspect refuse to give evidence?

Yes. A suspect may refuse to give evidence and may rely on the protection provided by Article 51 of the Constitution of the Russian Federation.

Can a suspect meet a lawyer before the first questioning?

Yes. A suspect has the right to meet defence counsel privately and confidentially before the first questioning.

When must the detention record be prepared?

Under Article 92 of the Criminal Procedure Code of the Russian Federation, it must generally be prepared within three hours after the suspect is brought before the investigator or inquiry officer.

When must the first questioning take place?

Under Article 46 of the Criminal Procedure Code of the Russian Federation, a detained suspect must be questioned no later than 24 hours after the moment of actual detention.

What matters most during the first hours?

Knowing what to do if you are detained in Russia in a criminal case can help you avoid mistakes during the first hours, but there is no single statement or action that can guarantee a particular outcome. What can be done is to avoid making the situation more difficult before the defence has had an opportunity to understand the case. Establish the person’s procedural status. Remember the time of actual detention. Do not rush into detailed statements before legal consultation. Read procedural documents carefully. Record objections when something is inaccurate.

After that, the case has to be assessed on its own facts, because defence strategy depends on the evidence, legal classification, procedural documents and the circumstances surrounding what happened.

This article provides general information only. Defence strategy depends on the facts and documents of the individual case.