1. Different occupations: prosecutors are prosecutors who exercise the state's procuratorial power according to law, and prosecutors are state judicial personnel and civil servants. The public prosecutor is the representative of the country and is responsible for accusing the criminal suspect of criminal acts. The general procuratorate is equivalent to the plaintiff. Prosecutors serve the court; A lawyer refers to a practitioner who has passed the national judicial examination, obtained a lawyer's practice certificate according to law, accepted the entrustment or designation, and provided legal services to the parties. Lawyers are freelancers, representatives of criminal suspects, and are responsible for proving the innocence or guilt of criminal suspects, which is equivalent to defendants. Lawyers serve criminal suspects and defendants;
2. Different tasks: prosecutors exercise their rights on behalf of the state, act as prosecutors in criminal cases, and prosecute criminal suspects on behalf of the state and society; Another role is to act as a supervisor of the law and supervise judicial activities; Entrusted by the parties, lawyers participate in various lawsuits as agents, and only use their legal knowledge to provide legal services to the parties;
3. Different sources of rights: the power of public prosecutors is endowed by the state; Lawyers' litigation rights are obtained through the entrustment of the parties.
legal ground
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant. Article 30 of the Lawyers Law of People's Republic of China (PRC), when a lawyer acts as an agent for litigation legal affairs or an agent for non-litigation legal affairs, he shall safeguard the legitimate rights and interests of the client within the scope of authorization. Article 31 When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, so as to protect the litigation rights and other legitimate rights and interests of criminal suspects and defendants.