Proof of allegation at offense of libel

Proof right which is intitled to wrongdoer can be seen as a standard of human rights and freedom of speech in terms of democratic countries with the progress of legal systems in years. One of the significant indicators of this situation is that the political regulations of countries' systems and regimes are tied with the opportunity of proof right. In this context, in the first part of the study, development of the proof right in the world, systems avaliable in this regard and the historical development of the concept in Turkish law are discussed. At the second part of the study, proof of allegation is tried to be explained by taking into consideration the Turkish Penal Code No. 5237 in force and the regulations in the Constitution. Discussions on the contradiction of the regulation in the law to the Constitutional provision are mentioned. The elimination of the seperation in the old legislation on offense of libel and offense of slander, discussions on the legal nature of the concept and the results of the proof of allegation were emphasized.