Legal analysis: 1. The basis for creation is different. The basis for criminal defenders to participate in proceedings is the entrustment of the criminal suspect or defendant or the designation of the court. The participation of criminal agents in litigation is only based on 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. The defender can act according to his own will and is not subject to the constraints of the criminal suspect or defendant; while the agent does not have an independent litigation status and is dependent on the criminal suspect or defendant. The principal shall engage in agency activities according to the will of the principal. 3. The scope of application is different. Criminal defense is applicable to criminal suspects and defendants in public prosecution cases, and defendants in private prosecution cases; criminal agency is applicable to civil litigation involving victims in public prosecution cases and private prosecution parties in private prosecution cases. The litigation interests of the two types of objects are often On the contrary. 4. Litigation tasks are different. Criminal defense assumes the defense function, that is, to refute the prosecution's accusations and demonstrate that the criminal suspect or defendant is innocent or has a minor crime, and should have his criminal liability reduced or exempted. The duty of a criminal agent is to protect the legal rights and interests of the agent.
Legal basis: "Chinese People's Liberation Army and National Criminal Procedure Law"
Article 11 People's courts shall try cases in public, except as otherwise provided for in this law. The defendant The people's courts have the right to obtain a defense, and the people's courts have the obligation to ensure that the defendants obtain a defense.
Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the rights enjoyed by criminal suspects, defendants and other litigation participants in accordance with the law. Right of defense and other litigation rights.
In addition to exercising the right of defense themselves, criminal suspects and defendants may entrust one or two people as defenders:
(1) Lawyers;
(2) People recommended by people’s organizations or the unit where the criminal suspect or defendant works;
(3) Persons of the criminal suspect or defendant Guardians, relatives and friends. People who are being sentenced or whose personal freedom is deprived or restricted in accordance with the law shall not serve as defenders.
Article 33: A criminal suspect is interrogated or compulsory measures are taken from the first time. The defendant has the right to entrust a defender as of the date of the investigation; during the investigation, the defendant has the right to entrust a defender at any time when interrogating the criminal suspect for the first time or taking coercive measures against him. When taking measures, the People's Procuratorate shall inform the criminal suspect of the right to appoint a defender within three days from the date of receipt of the case materials transferred for review and prosecution. The People's Court shall notify the criminal suspect of the right to appoint a defender within three days from the date of accepting the case. If a criminal suspect or defendant requests to appoint a defender within 3 days, the people's court, people's procuratorate, and public security agency shall promptly notify the criminal suspect or defendant while in custody. , his guardian or close relative may also appoint a defender on his behalf.
After accepting the appointment of a criminal suspect or defendant, the defender shall promptly notify the case handling agency.