Criminal defense refers to the refutation or defense made by criminal suspects, defendants and their defenders in order to prove their innocence and light crimes and protect their legitimate rights and interests;
Criminal agency refers to a legal system in which the agent accepts the entrustment of the victims of public prosecution cases and their legal representatives or close relatives, the private prosecutors and their legal representatives in private prosecution cases, and the parties involved in incidental civil litigation and their legal representatives to participate in litigation and conduct activities in the name of the client, and the client bears the legal consequences of the agency behavior.
Second, the difference between the clients.
Criminal defense is applicable to criminal suspects and defendants in public prosecution cases and defendants in private prosecution cases.
Criminal agency is suitable for victims in public prosecution cases, private prosecutors in private prosecution cases and parties in incidental civil litigation, and the interests of the two types of litigation are often opposite; In addition, the rights enjoyed by criminal defenders are endowed by law, and there is no question of authorization of defendants and criminal suspects. The authorization is only to enable defenders to participate in litigation, while whether criminal agents participate in litigation and engage in activities within the scope of authorization requires authorization.
Three. Similarities and differences between defenders and agents
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, while the participation of criminal agents can only be authorized by the parties and their legal representatives.
The similarities between the two are:
Both the defender and the agent participate in the litigation in order to protect the interests of the client, and they have no direct legal interest in the consequences of handling the case. They have many similarities in litigation rights and obligations and some procedures.
The difference between the two:
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, while the participation of criminal agents can only be authorized by the parties and their legal representatives.
2. The litigation status is different. Defenders have independent litigation status, defend in their own name, and are not bound by the defendant, while agents do not have independent litigation status, but are attached to the principal and engage in activities according to the will of the principal.
3. The litigation tasks are different. Criminal defense assumes the defense function, that is, refuting the complaint of the procuratorial organ and proving that the criminal suspect or defendant is innocent or guilty, 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. Its authorization is only to let defenders 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 statements and other activities, and criminal agents use the names of clients in litigation activities.