Regulation 1178
‘Pilot-in-command’ (PIC) means the pilot designated as being in command and charged with the safe conduct of the flight.
No mention of flying the aircraft! If he cant legally fly it, he can't legally be in command!
To log PIC you must be qualified; and the aircraft must also be qualified, which under EASA requires airworthiness and Insurance. It could be stolen but that doesn't matter