Two remarkable examples of the Court of Cassation’s creative case law can be given.
Secondly, until 2003, the Court used to decide that unlawfully obtained evidence had to be left out of consideration in criminal proceedings. In 2003 the Court reversed this point of view by stating that such evidence needs to be taken into account, except in three particular circumstances. (cu trimitere la Cass. 14 October 2003, AR P030762)
(The Interplay of Temporal Effects of Judicial Decisions within the Belgian Legal Order în The Effect of Judicial Decisions in Time, Intersentia, 2014, la pp. 45-6)