Facts
- In 1969, Georges Politzer purchased a forged German driver's license in Munich, which was issued in his name but contained false information about his origin and nationality. - Politzer used this false driver's license when he traveled from Turin to Zurich on June 28, 1971. He also possessed a valid German driver's license, which he did not have with him. - The District Court of Zurich convicted Politzer for continued driving without a driver's license. The High Court of the Canton of Zurich changed the conviction to one for continued misuse of identity documents pursuant to Art. 97 para. 1 no. 1 RTA. - Politzer filed a nullity appeal, requesting that he be found guilty only for failure to carry identity documents within the meaning of Art. 10 para. 4 RTA.Considerations
The Court of Cassation rules
1. The High Court wrongly applied Art. 97 para. 1 no. 1 RTA. This provision only covers the use of genuine identity documents, not the use of false or forged documents, which falls under Art. 252 no. 1 CC. Furthermore, Art. 97 para. 1 no. 1 RTA requires that the identity document is not intended for the holder, which is not the case here.
2. Since the High Court wrongly convicted Politzer…