In judicial practice there is no exact answer if a foreign citizen is the subject to criminal liability.
Such issues are regulated by law:
• Constitution of the Russian Federation (part 3, article 62);
• Criminal Code of the Russian Federation (Article 13);
• Convention on Diplomatic Relations;
• Convention on Consular Relations.
The procedure for bringing foreign citizens to justice is clearly established and defined. They are obliged to answer for the misdeeds committed. Exceptions are foreigners with consular or other immunity. Diplomats staying in the country with a specific mission cannot be convicted here. They must be extradited. This rule applies if an agreement is signed between the countries. Then their temporary residence permit will be canceled.
The accused is awaiting a Russian court after proving the commission of a criminal offense by foreign citizens on the territory of the Russian Federation. If a person commits an offense in another country but they are caught in Russia, then they will be extradited. The accused can apply for political asylum.
Protection of foreigners in criminal matters
Depending on the situation our lawyer will seek the earliest possible extradition to protect the foreigners, will submit all required documents to the courts, will help to competently draw up applications, claims and other documents.
Expulsion from Russia is possible with a certain number of offenses and a number of details. Only a lawyer knows how to avoid expulsion from Russia.
Criminal liability of a foreigner for a fictitious marriage
Citizenship is formalized in a simplified form when one enters into marriage with a Russian citizen, but there may be consequences and liability for such a marriage.
Obtaining citizenship in a simplified way requires marriage with a citizen of the Russian Federation. Stages of obtaining citizenship – you need to:
1 get a TRP (temporary residence permit)
2 get a permanent residence permit
3 obtain Russian citizenship.
A fictitious marriage is not a crime in Russia, but the consequences under criminal law followed by a fictitious marriage are:
• Receiving material benefits, benefits, subsidies and so on.
• Obtaining citizenship or residence permit by a foreigner upon concluding a false marriage. For this, administrative punishment and expulsion from the Russian Federation are threatened.
Criminal liability of a foreigner in case of forgery
The provision of knowingly false data or forged documents may be the only grounds for revoking Russian citizenship.
Falsification of at least one certificate in a package of documents entails criminal prosecution of a foreign citizen. Part 3 of Art. 327 of the Criminal Code of the Russian Federation provides that: “the use of a knowingly forged document is punishable by a fine in the amount of up to 80,000 rubles or in the amount of the wage or other income of the convicted person for a period of up to six months, or compulsory labor for up to 480 hours, or correctional labor for up to two years, or arrest for up to six months. "What data are most likely to have mistakes:
- incorrect residential address
- wrong period of employment
- wrong place of work
- fake migration registration
- fake migration cardProviding knowingly false data or documents may result in:
• ban on entry the Russian Federation;
• cancellation of migration registration;
• refusal to issue or revoke a patent for work;
• refusal to issue or cancellation of a work permit;
• refusal to issue or cancellation of a temporary residence permit);
• refusal to issue or cancellation of a permanent residence permit;
• rejection of an application or cancellation of a decision on admission to citizenship.
We know how foreign citizens and stateless persons are held criminally liable. Qualified advocate will help you if you want to prove the innocence or achieve maximum mitigation of the final decision.Tel:
+7 909 961-19-09Email:
Moscow, Zubovskiy bulvar, building 4, room 308