What's the difference between criminal defense and agency?

Legal analysis: 1, depending on the situation. 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.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 11 The people's courts shall hear cases in public, except as otherwise provided in this Law. The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended.

Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law.

Article 32 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.

Article 33 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.