Offense of libel in Turkish penal code

Human personality constitutes spiritual existence as well as material existence. Spiritual values are the honor and dignity of man. For this reason, the honor and dignity of the person has been sought to be protected. Throughout history, regulations have been made to protect the spiritual existence of the person as well as his/her material existence. The crime of insult is regulated in the second book of the Turkish Criminal Code No. 5237 under the title of "Crimes Against Honor". Article 17 of the 1982 Constitution regulates the importance of the spiritual existence. In addition, the crime of insult is also regulated in the Turkish Penal Code No. 5237 and the Law No. 5816 on Crimes Committed Against Atatürk. With the widespread use of social media, the crime of defamation, which is frequently on the agenda, has become of political importance. What constitutes the crime of defamation, the cases within the scope of the right of criticism, the special forms of the crime of defamation, the cases that reduce or remove the punishment, the investigation and prosecution procedure, the sanction issues in the crime of defamation, the evidence with which the crime of defamation can be proved, what will be illegal evidence, and finally the specially regulated defamation crimes constitute the subject of the thesis. The fact that arrest and detention should not be made in defamation crimes is examined by giving place to high court decisions. It is also concluded that the crime of insulting the President should be regulated.