1, depending on.
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.
The participation of criminal agents in litigation can only be authorized by the parties and their legal representatives.
2. The litigation status is different.
The defender has an independent litigation status, defends in his own name and is not bound by the defendant.
An agent does not have an independent litigation status, but is attached to the principal and engages in activities according to the will of the principal.
The status of a defense lawyer is completely different from that of an attorney. The former has an independent status and is not influenced by the will of criminal suspects, nor is it interfered by individual groups such as courts and procuratorates. The latter must operate within the scope authorized by the principal according to law, because the agent's behavior not only has the same effect as the principal's behavior, but also bears all the legal effects produced by the principal.
3. The litigation tasks are different.
Criminal defense assumes the defense function, that is, refuting the accusation of the procuratorial organ and proving the innocence or guilt of the criminal suspect or defendant, 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.
7. The name of the activity is different.
Defenders use their own names in investigation and evidence collection, submission of defense and other activities.
Criminal agents use the name of the principal in litigation activities.
8. The objects are different.
Set up defenders for criminal suspects and defendants in public prosecution cases and defendants in private prosecution cases.
Set up litigation agents for private prosecutors, victims and civil litigants.
9. Defenders and agents ad litem enter criminal proceedings in different ways.
In addition to accepting entrustment, defenders can also enter the proceedings through the designation of the court.
When an agent enters a lawsuit, he is entrusted by the principal to enter the lawsuit.