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This paper intends to consider legal institution of "probation" as a transition to the free life after a period of prison confinement. Inconsistencies in the letter of the law on criminal enforcement of Argentina (24.660/96 and its amendments) and between the letter of the law and its implementation are described. Are showed two interlocutory decisions which grant or deny probation. Immediately arises the question about the comparison criteria between social relations maintained by these people among the context of confinement and the other of freedom due that parole is granted when the conduct and the concept confinement deserve a satisfactory rating without addressing the free life variables. It is then proposes the need to recognize other factors that nowadays are ignored and are of indispensable importance in planning public policy criminology. [ABSTRACT FROM AUTHOR]