Defender refers to a person who is entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense in order to safeguard their legitimate rights and interests. Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work, or guardians, relatives and friends of criminal suspects and defendants. But only a lawyer can be appointed to defend. Defenders have independent litigation status and are not subordinate to criminal suspects or defendants, nor to people's procuratorates or people's courts. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
The difference between an agent ad litem and a defender is:
1, production basis, the defender is entrusted by the criminal suspect or defendant or appointed by the court according to law, and the agent ad litem is entrusted by the parties and their legal representatives;
2, litigation status, the defender has an independent litigation status, but the agent does not;
3. Object: Defenders for criminal suspects and defendants, and agents for private prosecutors, victims and parties involved in incidental civil litigation.
To sum up, the defender is the defendant.
Legal basis:
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC)
The way of defense and the scope of defense. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people 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.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.