1, arising from different basis. Criminal defender to participate in criminal proceedings based on the suspect, the defendant entrusted authorization or the court's designation in accordance with the law.
The criminal agent to participate in litigation can only be authorized by the parties and their legal representatives;
2, the status of litigation is different. The defender has an independent status, in his own name to defend without being bound by the defendant. Agent does not have an independent status, is attached to the agent, according to the agent's will to engage in activities;
3, different litigation tasks. Criminal defense is to undertake the defense function, that is, to refute the prosecution charge, prove the suspect, the defendant is innocent or guilty, should reduce or exempt from criminal liability. And the agent's duty is to maintain the legitimate rights and interests of the agent;
4, the scope of application is different. The two types of objects of litigation interest is just the opposite, criminal defense applies to the public prosecution of the suspect, the defendant, the defendant in the case of private prosecution. The criminal agent applies to the prosecution of the case of the victim, the private prosecution and civil parties.
The benefits of lawyers are:
1, through the meeting, study the evidence in the file, analyze the case, effective defense, to achieve innocence, leniency or mitigation of punishment;
2, a comprehensive understanding of the case, and timely issuance of legal opinions to the public prosecutors and lawyers or effective communication, for the wrongful conviction, does not belong to the crime or crime of the case is not small, the circumstances of the crime is minor, and strive for the withdrawal of the case or exempted from prosecution;
3, if there is a victim, you can communicate effectively with the victim or his lawyer, and strive to obtain understanding, in order to achieve the purpose of mitigating or reducing the penalty;
4, can effectively communicate with the public prosecutors and lawyers in a timely and effective manner, return the stolen goods, compensation, or meritorious conduct, in order to achieve the purpose of mitigating or reducing the penalty.
In summary, the lawyer can help the parties to analyze the case and the advantages and disadvantages, the parties to make the most appropriate decision to provide constructive advice, remind the parties to take effective legal means in a timely manner; can be based on the case need to timely investigation and collection of evidence and fixing of evidence in favor of the parties, this is the basis of the maintenance of the parties to the lawful rights and interests of the parties.
Legal basis:
"People's Republic of China*** and the lawyer law" article 25
Lawyers undertake business, the law firm unified acceptance of entrustment, and the principal signed a written contract of entrustment, in accordance with the state regulations and the uniform collection of fees and truthful accounting. Law firms and lawyers shall pay taxes in accordance with law.
Article 26
Law firms and lawyers shall not defame other law firms, lawyers or pay referral fees and other improper means to solicit business.
Article 27
Law firms shall not engage in business activities other than legal services.