Family Member Arrested in Russia: What to Do
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Your Relative Has Been Arrested or Convicted in Russia: A Practical Legal Guide for Families Abroad
Discovering that a close friend or family member has been taken into custody, charged with a crime, or convicted in Russia can be frightening and overwhelming - especially when you are following the case from abroad, cannot communicate confidently in Russian, and receive only fragments of information. Russia's criminal procedure is not always easy to understand even for local residents; for people trying to help from another country, the language barrier, physical distance, and unfamiliar procedures multiply the confusion.
This practical guide, prepared by the criminal law team of Yalanzhi & Partners in Moscow, provides an overview of what normally happens at the principal stages of a Russian criminal case, what time limits families need to know, which mistakes cost families the most, and what steps can still be taken in practice - even where the defendant has already been convicted.
First step: establish the facts before discussing strategy
Before deciding what legal steps to take, the family needs reliable information about the case: where the person is being held, which authority is investigating, what offence is alleged, whether formal charges have been filed, whether pre-trial detention has been authorised by a court, and whether a lawyer - state-appointed or privately retained - is already involved. For foreign citizens, additional questions arise around access to an interpreter, contact with the relevant consulate, and communication with family members. The sooner 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 - objections raised, evidence challenged, mitigating circumstances placed on the record - can later form the basis of an effective 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.
Charges foreign nationals face most often
In cases handled by our team, foreign citizens in Russia are commonly charged 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 (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 (offences of a sexual nature), Article 105 (murder), and Article 322 (illegal border crossing). Each category has its own evidentiary patterns and its own body of appellate practice, which has a direct impact on how the defence should be structured. You can read more about our work in these matters: defence against criminal charges.
The trial and the importance of preserving the record
Statistically, acquittals in Russian courts of first instance are extremely rare and represent only a fraction of one percent. Families should understand the statistic in the context of realistic legal planning rather than as a reason for despair: in the Russian system, a significant part of the legal battle may continue before appellate and cassation courts. And those courts primarily examine materials already contained in the case file. If mitigating circumstances were never documented, if the admissibility of key evidence was never challenged, 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 must pursue two objectives at the same time: defending the case before the trial court while preserving grounds for subsequent review.
After a guilty verdict: the legal routes that remain available
A conviction is not the end of the legal road. Russian law sets out a structured sequence of review mechanisms. 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 convicted person who remains in detention, the period begins on the date the person receives a copy of the judgment. It is also important to understand that, on a defence appeal, the court cannot impose a less favourable outcome merely because the defence appealed - 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 initial mandatory stage of cassation review must be sought within the six-month statutory period, while further review - including a petition to the Supreme Court of the Russian Federation - may remain available without a rigid filing deadline where the requested outcome would benefit the convicted person. Convictions in Russia are modified and overturned years after they enter into force when the defence identifies a substantial violation of law. A missed deadline, if there were valid grounds for the delay, can potentially be restored through a court application.
How Yalanzhi & Partners assesses a case before discussing fees
Our work on post-conviction cases follows the same initial principle: by examining the documents rather than making promises. We normally ask relatives to provide the judgment and, if higher courts have already considered the case, the decisions issued by the appellate and cassation courts - scans or clear photos are sufficient. The text is converted into searchable digital form and compared against our internal database of 136,000 Russian criminal cases in which courts modified sentences, reduced punishment, or overturned convictions, indexed by offence, factual circumstances, legal violation, region, and level of court.
Our lawyers then study the comparable decisions and decide whether the available judicial practice provides a realistic basis for further review. This preliminary evaluation is carried out free of charge, and in around 80 percent of the cases we initially review our professional conclusion is that the prospects are weak - the judgment is free from an identifiable substantial violation, or the available court practice is contradictory. Families outside Russia can be particularly vulnerable to people offering certainty where none exists; we would rather decline a case than sell false hope. When grounds do exist, 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 provides two further mechanisms: conditional early release (early release on parole, Article 79 of the Criminal Code) and commutation of the unserved part of the sentence to a less severe form of punishment under Article 80, which may include a move to a less restrictive form of punishment. Eligibility is determined by 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. Further guidance on these options can be found here: parole and sentence commutation.
Remote legal work for families outside Russia
Our practice is structured for remote handling: documents are exchanged electronically, and regional appeal and cassation hearings can, where applicable, be handled through the court's videoconferencing system - a legally recognised method of participation. When a case proceeds to the Supreme Court of the Russian Federation, our lawyers attend in person: the Court sits in Moscow, where our firm is based. Where physical representation before a regional court is necessary or preferred, we engage verified local co-counsel while our team remains responsible for the legal strategy and drafting.
Equally importantly, you will know what is happening and why. We communicate with each family in their own language - whatever language that is, and our written case updates use straightforward language instead of unnecessary legal jargon: what has been submitted, what the court has ruled, what the next procedural step will be and when. 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 difference is half the service.
An important precaution
Be extremely careful with anyone who promises a guaranteed outcome, claims to have "connections", or demands immediate payment while discouraging you from speaking to anyone else. No lawyer can give a legitimate guarantee of a court's future decision, and attempting to pay for supposed influence can create serious legal risks for the family. A reputable criminal defence lawyer should provide an evidence-based assessment, legal strategy, and verifiable work - and answers calmly when you ask what legal issues they have identified and who exactly will handle the case.
Start with the documents
If someone close to you has been arrested or accused of a criminal offence in Russia, or has already been convicted, do not delay seeking an assessment until every document from the case has been collected. 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 and confidential initial assessment 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 reassurance without evidence. It is a clear and realistic understanding of the legal position.
Author: Grigoriy Nosov, Yalanzhi & Partners - Head of Criminal Practice
Discovering that a close friend or family member has been taken into custody, charged with a crime, or convicted in Russia can be frightening and overwhelming - especially when you are following the case from abroad, cannot communicate confidently in Russian, and receive only fragments of information. Russia's criminal procedure is not always easy to understand even for local residents; for people trying to help from another country, the language barrier, physical distance, and unfamiliar procedures multiply the confusion.
This practical guide, prepared by the criminal law team of Yalanzhi & Partners in Moscow, provides an overview of what normally happens at the principal stages of a Russian criminal case, what time limits families need to know, which mistakes cost families the most, and what steps can still be taken in practice - even where the defendant has already been convicted.
First step: establish the facts before discussing strategy
Before deciding what legal steps to take, the family needs reliable information about the case: where the person is being held, which authority is investigating, what offence is alleged, whether formal charges have been filed, whether pre-trial detention has been authorised by a court, and whether a lawyer - state-appointed or privately retained - is already involved. For foreign citizens, additional questions arise around access to an interpreter, contact with the relevant consulate, and communication with family members. The sooner 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 - objections raised, evidence challenged, mitigating circumstances placed on the record - can later form the basis of an effective 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.
Charges foreign nationals face most often
In cases handled by our team, foreign citizens in Russia are commonly charged 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 (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 (offences of a sexual nature), Article 105 (murder), and Article 322 (illegal border crossing). Each category has its own evidentiary patterns and its own body of appellate practice, which has a direct impact on how the defence should be structured. You can read more about our work in these matters: defence against criminal charges.
The trial and the importance of preserving the record
Statistically, acquittals in Russian courts of first instance are extremely rare and represent only a fraction of one percent. Families should understand the statistic in the context of realistic legal planning rather than as a reason for despair: in the Russian system, a significant part of the legal battle may continue before appellate and cassation courts. And those courts primarily examine materials already contained in the case file. If mitigating circumstances were never documented, if the admissibility of key evidence was never challenged, 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 must pursue two objectives at the same time: defending the case before the trial court while preserving grounds for subsequent review.
After a guilty verdict: the legal routes that remain available
A conviction is not the end of the legal road. Russian law sets out a structured sequence of review mechanisms. 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 convicted person who remains in detention, the period begins on the date the person receives a copy of the judgment. It is also important to understand that, on a defence appeal, the court cannot impose a less favourable outcome merely because the defence appealed - 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 initial mandatory stage of cassation review must be sought within the six-month statutory period, while further review - including a petition to the Supreme Court of the Russian Federation - may remain available without a rigid filing deadline where the requested outcome would benefit the convicted person. Convictions in Russia are modified and overturned years after they enter into force when the defence identifies a substantial violation of law. A missed deadline, if there were valid grounds for the delay, can potentially be restored through a court application.
How Yalanzhi & Partners assesses a case before discussing fees
Our work on post-conviction cases follows the same initial principle: by examining the documents rather than making promises. We normally ask relatives to provide the judgment and, if higher courts have already considered the case, the decisions issued by the appellate and cassation courts - scans or clear photos are sufficient. The text is converted into searchable digital form and compared against our internal database of 136,000 Russian criminal cases in which courts modified sentences, reduced punishment, or overturned convictions, indexed by offence, factual circumstances, legal violation, region, and level of court.
Our lawyers then study the comparable decisions and decide whether the available judicial practice provides a realistic basis for further review. This preliminary evaluation is carried out free of charge, and in around 80 percent of the cases we initially review our professional conclusion is that the prospects are weak - the judgment is free from an identifiable substantial violation, or the available court practice is contradictory. Families outside Russia can be particularly vulnerable to people offering certainty where none exists; we would rather decline a case than sell false hope. When grounds do exist, 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 provides two further mechanisms: conditional early release (early release on parole, Article 79 of the Criminal Code) and commutation of the unserved part of the sentence to a less severe form of punishment under Article 80, which may include a move to a less restrictive form of punishment. Eligibility is determined by 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. Further guidance on these options can be found here: parole and sentence commutation.
Remote legal work for families outside Russia
Our practice is structured for remote handling: documents are exchanged electronically, and regional appeal and cassation hearings can, where applicable, be handled through the court's videoconferencing system - a legally recognised method of participation. When a case proceeds to the Supreme Court of the Russian Federation, our lawyers attend in person: the Court sits in Moscow, where our firm is based. Where physical representation before a regional court is necessary or preferred, we engage verified local co-counsel while our team remains responsible for the legal strategy and drafting.
Equally importantly, you will know what is happening and why. We communicate with each family in their own language - whatever language that is, and our written case updates use straightforward language instead of unnecessary legal jargon: what has been submitted, what the court has ruled, what the next procedural step will be and when. 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 difference is half the service.
An important precaution
Be extremely careful with anyone who promises a guaranteed outcome, claims to have "connections", or demands immediate payment while discouraging you from speaking to anyone else. No lawyer can give a legitimate guarantee of a court's future decision, and attempting to pay for supposed influence can create serious legal risks for the family. A reputable criminal defence lawyer should provide an evidence-based assessment, legal strategy, and verifiable work - and answers calmly when you ask what legal issues they have identified and who exactly will handle the case.
Start with the documents
If someone close to you has been arrested or accused of a criminal offence in Russia, or has already been convicted, do not delay seeking an assessment until every document from the case has been collected. 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 and confidential initial assessment 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 reassurance without evidence. It is a clear and realistic understanding of the legal position.
Author: Grigoriy Nosov, Yalanzhi & Partners - Head of Criminal Practice
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