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.
2. The litigation status is different.
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.
3. The objects are different.
The former is established for criminal suspects, defendants in public prosecution cases and defendants in private prosecution cases, while the latter is established for private prosecutors, victims and parties involved in incidental civil litigation.
4. Defenders and agents ad litem enter criminal proceedings in different ways.
The former can also enter the litigation through the designation of the court, except the entrustment. When the agent enters the lawsuit, he is entrusted by the principal to enter the lawsuit.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. 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 34 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.