The formal requirement for a prosecution to be legitimate is that it must be brought by a person with active legitimacy in the lawsuit. Under the current Code of Criminal Procedure, in addition to the prosecutor, the substitute private prosecutor and the private prosecutor are also entitled to bring charges, so the prosecutor does not have the exclusive right to bring charges (monopoly of prosecution).4

The historical facts of the accusation must include specific facts corresponding to the statutory elements of the offence as classified in the accusation, i.e. at least the place, time and manner in which the act was committed.7 According to Berkes, the description of the offence charged is accurate if the historical facts set out in the charge against a specific person contain all the specific facts corresponding to the elements of the offence charged in the statutory elements of the offence as defined in the charge: the conduct, the place and the time when the offence was committed.8 According to judicial practice, it is not a conceptual criterion of a statutory charge that it uses legal concepts of the statutory facts in describing the offence; it is sufficient if the description of the historical facts is specific to the extent that, assuming that it is proven, it can be inferred that the offence was committed.9 The definition of the content of the charge is particularly important because it defines the framework of the criminal proceedings and the facts that may be examined in the course of those proceedings, both in terms of the subject matter and the persons involved.10