1. The scope of application is different. Criminal defense is applicable to criminal suspects in public prosecution cases, and criminal agency is applicable to victims in public prosecution cases.
2. The litigation tasks are different. Criminal defense is to prove the innocence or guilt of criminal suspects and defendants, while criminal agency is to safeguard the legitimate rights and interests of clients.
3. The content of rights is different.
4. Different litigation status, etc.
1, depending on. The basis for criminal defenders to participate in litigation is the authorization of criminal suspects and defendants or the designation of the court. The basis for criminal agents to participate in litigation can only be the authorization of the parties, their legal representatives and close relatives.
2. The litigation status is different. Although neither the defender nor the agent is the subject of criminal proceedings, the defender has an independent litigation status, defends on his own will, and is not bound by criminal suspects or defendants. An agent does not have an independent litigation status, but is attached to the principal and engages in agency activities according to the will of the principal.
3, the scope of application is different. Criminal defense is applicable to criminal suspects, defendants and defendants in public prosecution cases; Criminal agency is applicable to victims in public prosecution cases, private prosecutors in private prosecution cases and parties in incidental civil actions. The litigation interests of the two objects are often opposite.
4. Different litigation tasks. Criminal defense assumes the defense function, that is, refuting the accusation of the procuratorial organ and proving that the criminal suspect or defendant is innocent or guilty, and criminal responsibility should be reduced or exempted. The duty of criminal agency is to safeguard the legitimate interests of clients.
5. The scope of authority is different. The rights enjoyed by criminal defenders are endowed by law, and there is no question of authorization of defendants and criminal suspects. Authorization only allows defenders to participate in litigation, and whether criminal agents participate in litigation and engage in activities within what scope of authority needs authorization to decide.
6. The content of rights is different. Criminal defenders enjoy a wide range of rights, such as the right to meet and correspond, as stipulated by law. Some rights are not even enjoyed by criminal suspects and defendants, while the rights enjoyed by criminal agents are granted by the client and cannot exceed the scope of authority of the client.
7. The name of the activity is different. The criminal defender uses his own name when investigating and collecting evidence and submitting the defense, and the criminal agent uses the name of the principal when carrying out activities. A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right of defense. 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.
How do lawyers participate in criminal defense?
Defense business is the main business of lawyers in handling criminal cases. According to the law, lawyers can accept the employment of criminal suspects in criminal cases, provide them with legal advice, represent complaints and accusations, apply for bail pending trial, accept the entrustment of criminal suspects and defendants or the designation of people's courts, act as defenders, accept the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives, and participate in litigation as agents.
When a lawyer acts as a criminal defender, he shall, according to facts and laws, put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light, or his criminal responsibility is reduced or exempted, so as to safeguard the legitimate rights and interests of the criminal suspect or defendant.
When lawyers participate in litigation activities, they can collect and consult materials related to the case, meet and correspond with people whose personal freedom is restricted, appear in court, participate in litigation and enjoy other rights stipulated in the procedural law.
(1) The litigation tasks are different. Criminal defense assumes the defense function, that is, refuting the complaint of the procuratorial organ and proving that the criminal suspect or defendant is innocent or guilty, and criminal responsibility should be reduced or exempted; The duty of the agent is to safeguard the legitimate rights and interests of the client.
(2) The scope of application is different. The litigation interests of the two objects are just the opposite, and criminal defense is applicable to criminal suspects, defendants and defendants in public prosecution cases; Criminal agency is applicable to victims, private prosecutors and incidental civil parties in public prosecution cases.
(3) The content of rights is different. Criminal defenders enjoy a wide range of rights stipulated by law, such as the right to meet, the right to communicate, the right to investigate and collect evidence, and some rights are not even enjoyed by criminal suspects and defendants; The rights enjoyed by a criminal agent are granted by the agent and cannot exceed the scope of authority of the principal.
(4) according to different. The basis for criminal defenders to participate in criminal proceedings is the authorization of criminal suspects and defendants or the legal designation of the court, while the participation of criminal agents can only be authorized by the parties and their legal representatives.
(5) Different litigation status. Defenders have independent litigation status, defend in their own name, and are not bound by the defendant, while agents do not have independent litigation status, but are attached to the principal and engage in activities according to the will of the principal.
(six) the scope of authority is different. The rights enjoyed by defenders are given by law, and there is no question of the defendant's authorization. Its authorization is only to let defenders participate in litigation. Whether an agent participates in litigation and within what scope of authority, it must be authorized to decide.
(7) The name of the activity is different. Defenders use their own names in investigation and evidence collection, submission of defense statements and other activities, and criminal agents use the names of clients in litigation activities.
Legal basis:
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.