45Having regard to that case-law, and as the Advocate General pointed out, in essence, in point 91 of his Opinion, Article 4(1) of Directive 2016/343 should be interpreted as meaning that it does not preclude that an agreement, such as that at issue in the main proceedings, which must be approved by a national court, refers to the participation of the accused persons, other than the person who entered into that agreement and thus recognised his guilt, but who will be tried separately and identifies them on condition, first, that that reference is necessary for the categorisation of the legal liability of the person who entered into the agreement and, second, that the same agreement clearly indicates that those other persons are being prosecuted in the context of separate criminal proceedings and that their guilt has not been legally established.
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