47In the present case, the referring court notes that, as required by national law, to form an organised criminal group, the participation of at least three persons is required. It therefore appears to be apparent from the order for reference, subject to determination by the referring court, that the reference in the agreement at issue in the main proceedings to the five accused persons as joint perpetrators of the criminal offence was necessary in order to establish MH’s guilt by way of his participation in an organised criminal group.
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