(2) Defenders and agents ad litem enter criminal proceedings in different ways. In addition to entrustment, the former can enter the proceedings through the designation of the court, and the agent can enter the proceedings under the entrustment of the principal.
(3) The status of defense is quite different from that of agency. 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.
Second, the scope of agents ad litem varies from country to country, but most countries allow defense lawyers to exercise their right of defense at the beginning of the proceedings, and some countries only allow defenders to exercise their right of defense when the case enters the prosecution stage. In China, the Criminal Procedure Law stipulates that three kinds of people can act 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.
However, a person who is executing a penalty or who is deprived or restricted of personal freedom according to law may not act as a defender.
Third, the difference between legal agent and litigation agent (1) The legal agent is fixed based on the provisions of the law, and the litigation agent is not fixed based on entrustment; The scope of the principal is different, and the principal in the legal agent has no capacity or limited capacity.
(two) the basis of the two is different, the legal representative is fixed based on the provisions of the law, and the agent ad litem is not fixed based on entrustment;
(3) The range of clients is different, and the principal among legal agents is a person with no capacity or limited capacity;
(four) the scope of agency is different, the legal representative is prescribed in advance by law, the guardian, parents, responsible guardianship unit, etc. of the principal. ; A wide range of agents ad litem, such as lawyers, citizens, units, relatives and friends, etc.
(5) The scope of authority is different. The legal representative has an independent litigation status, and participates in the litigation in his own name without being bound by the principal's will (many rights can be independently exercised, such as the right to apply for withdrawal and the right to appeal (both parties and legal representatives have it, such as the defendant refuses to accept the appeal after the first trial, the legal representative appeals, and the appellant of the second trial is the legal representative, but it should be clear who is the defendant of the first trial). An agent ad litem cannot conduct litigation in his own name, but he must be authorized by the principal and bound by the will of the principal. Without specific authorization, he has no substantive rights such as the right to claim, the right to reconciliation and the right to change.
The above is the relevant content about litigation agents and defenders for you. There are differences between agents ad litem and defenders' lawyers in the object of agency, the form of participation in litigation and legal status. If you have other legal problems, please consult a lawyer in time and provide a professional lawyer.