Abstract
It can be said that thinking of the probation system started at
the end of the nineteenth century. This coincided with the spread
of Italian Positivism. This School called for the suitability of the
punishment to the criminal’s situation; then the probation system
turned into law.
In Jordan, the necessity of using the probation system became
apparent after the law—markers called for it; recommendations
were made and symposiums were help as well, till Article (59)
issued added to the law - 9 - of 1988 to bridge the gas in the
criminal law. The probation system is one of the procedures of
social defense. It authorizes the judge to suspend the punishment if
he / she feels that conviction is enough to deter the criminal or
that the sentence might have negative consequences. This applies
specifically to imprisonment which might corrupt some
conscientious criminals. It will be wise not to make them live with
professional murders.