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+====== Russia Criminal Case Guide for Families ======
+A Family Member Has Been Arrested or Convicted in Russia: What Relatives Abroad Should Know
+https://foto-host.site/uploads/img_81f8d1ef88.png
+Learning that a relative has been taken into custody, charged with a crime, or convicted in Russia is an extremely difficult situation - especially when you are in another country far from Russia, do not speak Russian, and receive only fragments of information. The Russian criminal justice system is not always easy to understand even for local residents; for families outside Russia, the combination of language barriers, distance, and unfamiliar procedure multiply the confusion.
+This practical guide, prepared by the criminal practice team of Yalanzhi & Partners in Moscow, sets out what can be expected at every major stage of a Russian criminal case, what time limits families need to know, which mistakes cost families the most, and what can realistically be done - including when a conviction has already been handed down.
+The first priority: determine what has actually happened
+Before any strategy is possible, the family should obtain clear answers to several basic questions: where the person is being held, which investigative body is handling the case, what offence is alleged, whether the person has been formally charged, whether pre-trial detention has been authorised by a court, and whether the person already has a defence lawyer, whether appointed by the state or retained privately. 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 greater the range of legal options that may still be available. Work done while the case is still under investigation - objections raised, evidence challenged, mitigating circumstances placed on the record - may determine what arguments remain available on appeal. This is what defence during the investigation is intended to achieve: defending the accused at the present stage while preserving arguments for later review.
+Criminal charges commonly faced by foreign nationals
+From our experience with criminal cases involving foreign nationals, foreign citizens in Russia are most frequently prosecuted under a number of recurring provisions of the Russian Criminal Code. These commonly include Article 228 and Article 228.1 (drug possession and trafficking), Article 229.1 (drug smuggling - a common airport scenario), Article 159 (fraud-related offences), Articles 111 and 112 (intentional bodily harm), Articles 131 and 132 (offences of a sexual nature), Article 105 (homicide), and Article 322 (unlawful crossing of the state border). Each type of offence involves its own typical evidentiary issues and established appellate practice, which directly shapes the defence strategy. You can read more about our work in these matters: defence against criminal charges.
+Why the trial record is critical for a future appeal
+Russian trial courts return acquittals in only a very small percentage of criminal cases. Families should treat this information as a reason for careful planning rather than hopelessness: in the Russian system, review proceedings before appellate and cassation courts can become critically important. And those courts base much of their review on the procedural record created below. If mitigating circumstances were never documented, if the defence failed to challenge whether crucial evidence was admissible, if the defence position on legal classification was never stated - the defence may face serious obstacles when attempting to raise them for the first time on appeal. A properly structured defence at trial therefore serves two purposes simultaneously: the verdict today and the appeal tomorrow.
+What happens after the verdict: appeals and deadlines
+A court's guilty verdict is not necessarily the final opportunity to challenge the case. Russian law sets out a multi-stage process for challenging criminal judgments. An appellate appeal must be filed within 15 days of the judgment under Article 389.4 of the Code of Criminal Procedure; for a defendant in custody, the period runs from the day a copy of the judgment is served. It is also important to understand that, on an appeal brought solely by the defence, the court cannot impose a less favourable outcome merely because the defence appealed - this is prohibited by law - so the family risks nothing by appealing. Once the judgment has taken legal effect, a cassation appeal is available: the first, mandatory cassation review must be initiated within six 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. Convictions in Russia are modified and overturned years after they enter into force when the defence demonstrates a significant legal violation. A missed deadline, if missed for a legally recognised reason, can potentially be restored through a court application.
+How Yalanzhi & Partners assesses a case before discussing fees
+https://foto-host.site/uploads/img_99f951c801.png
+Our work on post-conviction cases always starts the same way: with the documents, not with promises. We begin by requesting the text of the judgment and, if appeal or cassation proceedings have already occurred, the relevant appellate and cassation decisions - readable scans or photographs are sufficient for the initial review. The text is transferred into a searchable format and matched with our internal database of 136,000 Russian criminal cases in which judgments were changed, sentences reduced, or convictions overturned, 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 initial case assessment is conducted at no cost, and in approximately eight cases out of ten our honest answer is that the prospects for further review are poor - the judgment is legally sound on the issues reviewed, or the practice is inconsistent. Families dealing with a Russian criminal case from overseas can be particularly vulnerable to unrealistic promises; we would rather lose a client than sell it. When the review identifies a viable basis for further proceedings, the client is shown before signing an agreement which court decisions will support the defence.
+Serving a sentence: parole and sentence commutation
+For those who are already serving their sentence in a correctional facility, 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, where legally applicable, a less restrictive correctional arrangement. Eligibility depends on 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.
+Working with families overseas: no travel required
+Our case-management process allows families abroad to work with us remotely: documents are exchanged electronically, and court representation in regional appellate and cassation courts is arranged via court video conferencing - a standard, legally recognised procedure. When a case proceeds to the Supreme Court of the Russian Federation, our lawyers appear personally: the Court sits in Moscow, where our Moscow office is situated. Where physical representation before a regional court is necessary or preferred, we work with verified local counsel while strategy and drafting remain with our team.
+Equally importantly, you will know what is happening and why. We communicate with families in a language they understand, and our case updates are written in plain words, not legal jargon: what was filed, what the court has ruled, what happens next and when it is expected to happen. A word-for-word translation of legal jargon is not meaningful communication; explaining the situation clearly is. For family members who are following the proceedings from another country, that clarity is a major part of the service.
+A word of caution
+Be very cautious with anyone who guarantees a result, claims to have "the right connections", or demands immediate payment while discouraging you from speaking to anyone else. No lawyer can legitimately guarantee the decision of an independent court, and paying for "influence" can expose your own family to criminal risk. A professional defence lawyer offers professional analysis and legal work rather than guarantees - and should have no difficulty explaining the legal grounds they see and identifying the person who will actually 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 until you have collected the entire case file. Send whatever court documents you have - a copy of the judgment alone can already reveal important aspects of the case - for a free, confidential review at [[https://lawyersinrussia.com/|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 first is not a promise. It is a precise understanding of the case and the options that may remain.
+Author: Grigoriy Nosov, Head of Criminal Practice, Yalanzhi & Partners - Head of Criminal Practice

Larry Lu

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