A Warsaw court ruled that simply carrying a forged driver’s license—even without presenting it—is a crime punishable by imprisonment.
Forged Document in Wallet Sufficient for Conviction
Possessing a forged driver’s license in a place where identity documents are typically stored is enough to be convicted of forgery, even without showing the document to an official.
This conclusion stems from the reasoning behind a ruling by the Warsaw District Court, which sentenced a man to five months in prison for committing an offense under Article 270, paragraph 1 of the Penal Code. This article states that anyone who forges or alters a document with the intent to use it as genuine, or uses such a document as genuine, is liable to imprisonment for a term of three months to five years.
Warsaw District Court: No Presentation Required
In the case, the defendant used a forged Ukrainian driver’s license as identification during his arrest. He claimed he received the document from colleagues in Ukraine and described it as a “toy,” stating he never presented or used it while driving. Police found the license in his wallet during the arrest and recorded it in the official report.
Conviction Despite Explanation
Despite his explanation, the court found the man guilty under Article 270, paragraph 1 of the Penal Code. The court reasoned that presenting the forged license to an official is not required for conviction. “It is enough to consciously create a situation in which such a document is used in legal transactions. This may include, for example, carrying a forged driver’s license in a wallet, which is a place for the usual storage of identity documents,” reads the recently published justification of the verdict.
The defendant carried the false document in his wallet and had no other authentic identification. The court found it difficult to believe his claim that the document was kept solely as a “toy,” given its location where it could be used for identification. “The placement of the document in a typical and easily accessible place, and the lack of authentic documents, suggest that the defendant counted on the possibility of its use during identification checks.”
Use of Document Defined
The Warsaw District Court emphasized that “using a document as genuine” under Article 270, paragraph 1 of the Penal Code, means any use consistent with its purpose, such as presenting it to another party in a way that allows them to review its content and treat it as authentic. It is sufficient to consciously create a situation where the document is used in legal transactions.
In a broad sense, use includes not only active use but also consent to the activation of the document’s function. If a detained person, aware of possessing a forged document in their wallet, silently consents to an officer reviewing it during identification and using it to establish their identity, they are realizing the element of “using” the document as genuine.
Characteristics of the Forged License
The court’s reasoning also noted that the forged document possessed all the characteristics of a genuine Ukrainian driver’s license, including accurate personal data, a faithful reproduction of the graphic design, and a document number and series resembling an authentic one. It also featured imitations of security features (hologram, microprinting) closely resembling the original. However, it lacked clear, indelible markings such as “sample,” “replica,” or “collector’s document.”
“There is no doubt that the driver’s license is a forged document that could have been used in legal transactions in a manner appropriate for an authentic document,” the Warsaw District Court concluded.
Legal Basis
Ruling of the Warsaw District Court of October 1, 2025, file reference XII K 305/24
