Managing the Investigation Stage: What Happens Before Criminal Charges Are Filed in Russia

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Practice Analysis

Byline:
By Vitaliy Vetrov

May 2026

INSIGHTS ARTICLES —investigation stage russia business crime

The investigation stage of a Russian criminal proceeding — the period between the opening of the investigation and the bringing of formal charges — is frequently the most consequential stage for the outcome of the case. It is also the stage that is least well understood by foreign clients, who are more familiar with legal systems in which formal charges mark the beginning of the meaningful legal engagement.

How Russian Investigations Are Structured

Russian criminal investigations are conducted by two principal authorities: the Investigative Committee of the Russian Federation (Следственный комитет, SK Rossii) for crimes categorised as serious or especially serious — including fraud under Article 159(4) and tax evasion under Article 199(2) — and the police (Министерство внутренних дел, MVD) for less serious economic crimes. The investigative authority determines the style and pace of the investigation.

The investigation opens with a procedural decision to commence proceedings. This decision can be made by the investigator on the basis of a criminal complaint (заявление) from a private party or public authority, or on the investigator's own initiative following the discovery of evidence of a crime. The opening of an investigation does not require the approval of a court or a prosecutor — it is a unilateral executive decision.

Once the investigation is open, the investigating authority has broad powers: to summon and question witnesses and suspects; to conduct searches of premises and seizure of documents and equipment; to request information from banks, registries, and government authorities; and to apply to the court for interim measures including travel restrictions and pre-trial detention.

The Witness-to-Suspect Transition

A critical feature of the Russian investigation stage is the speed with which an individual's procedural status can change. A person called as a witness — with an obligation to attend and answer questions truthfully — may be reclassified as a suspect during or immediately after their first interview, if the investigator concludes that the interview has produced grounds for suspicion.

The transition matters because of the procedural rights it triggers: a suspect has the right to remain silent (under Article 51 of the Russian Constitution), the right to defence counsel at all investigative steps, and the right to receive the suspected offence in writing. A witness does not have the right to remain silent (they may be prosecuted for refusing to testify), though they can decline to give testimony that incriminates themselves or close relatives.

In practice, the most protective approach for an individual who is called as a witness in any investigation that might conceivably reach them — even as a peripheral witness — is to attend with defence counsel from the first contact. Russian procedural law does not prohibit a witness from bringing a lawyer to an interview, and the presence of counsel provides a check against the interview being used to construct grounds for suspicion.

Searches and Document Preservation

Searches of a company's premises are a standard investigative tool in economic crime cases. A search can be authorised by the court in advance or — in circumstances of urgency — conducted without prior court authorisation, with subsequent judicial approval sought. Searches result in the seizure of corporate documents, electronic devices, and any other materials the investigator considers relevant.

For a company whose premises are searched, the practical priorities are: ensuring that defence counsel is present during the search and records what is seized; asserting privilege over communications between the company and its legal advisers (Russian law recognises a form of attorney-client privilege, but its scope is narrower than in common-law systems); and notifying the company's overseas parent or external counsel of the search as quickly as possible.

Document preservation following a search is critical: the company's ability to conduct its own investigation and prepare its defence depends on access to its records. Where records are seized, the company is entitled to request copies; counsel should assert this right at the time of the search.

The Role of the Prosecutor

Russian prosecutors supervise criminal investigations but do not conduct them. The prosecutor's role at the investigation stage is to oversee the legality of the investigation — to ensure that procedural rules are observed — and to approve the bringing of formal charges. Where the prosecutor does not approve the charges proposed by the investigator, the case is returned for additional investigation.

For the defence, the prosecutor's supervisory role provides an additional avenue for challenging unlawful investigative actions: complaints about procedural violations can be filed with the supervising prosecutor as well as with the court.

The investigative and prosecutorial stages together determine the case as it will be presented at trial. A defence that has shaped the investigation stage — by challenging unlawful evidence, by ensuring that exculpatory evidence is included in the case file, and by developing the legal arguments before the prosecutor approves the charges — begins the trial stage with a materially stronger position than a defence that intervenes only at the trial itself.