The difference between a criminal attorney and a defender

Legal analysis: different litigation tasks. Criminal defense assumes the defense function, that is, refuting the prosecution's accusations and proving that the criminal suspect or defendant is innocent or has a minor crime and should be reduced or exempted from criminal liability, while the agency's duty is to safeguard the client's legitimate rights and interests. The scope of application is different. The litigation interests of the two objects are exactly opposite. Criminal defense applies to criminal suspects, defendants and defendants in public prosecution cases. Criminal representation applies to victims, private prosecutors and incidental civil parties in public prosecution cases. The scope of authority is different. The rights enjoyed by the defender are conferred by the law and there is no issue of authorization from the defendant. Its authorization only allows the defender to participate in the litigation. Whether the agent participates in the litigation and what scope of authority he engages in must be determined by the authorization.

Legal basis: "Criminal Procedure Law of the People's Republic of China"

Article 32 In addition to exercising the right to defend, criminal suspects and defendants may also entrust one or two people as defenders. The following people can be entrusted as defenders:

(1) Lawyers;

(2) People recommended by people’s organizations or the unit where the criminal suspect or defendant works;

< p>(3) Guardians, relatives and friends of criminal suspects and defendants.

Persons who have been sentenced to a penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders.

Article 33: A criminal suspect has the right to entrust a defender from the first day of interrogation or compulsory measures taken by the investigation agency. 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 or taking compulsory measures against him for the first time, the investigative agency shall inform him of the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The People's Court shall, within three days from the date of accepting the case, notify the defendant of the right to entrust a defender. If criminal suspects or defendants request to entrust a defender while in custody, the people's court, people's procuratorate and public security organs shall promptly convey the request.

If a criminal suspect or defendant is in custody, his or her guardian or close relative may also entrust a defender.

After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly notify the case handling agency.

Article 45 When entrusting a litigation agent, the provisions of Article 32 of this Law shall be followed.