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 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.
4, 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.
5. 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.
6. 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, even if the so-called authorization is only to enable defenders to participate in litigation; Whether an agent participates in litigation and within what scope of authority, it must be authorized to decide.
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