Penal responses to the commission of a crime include two categories of punishment and non-punitive policies and measures, such as probation. Classic retributivism cannot justify probation due to its mere emphasis on punishment. Examining four readings of modern retributivism about the quality of justification of implementation of penal responses show that Some of them only serve to justification of punishment, not probation; Such as. If the crime has a specific victim and the condition of issuing a probation order is to compensate him/her for the losses, "obtaining of unfair advantage" (justification of punishment due to paying debt to the society) can justify the probation. Considering the necessity of confirming the past wrongdoing and the commitment not to repeat it and recognizing the rights of the victim, all of which imply blaming the criminal, the reading based on "Expressive function of punishment" can also justify the probation. From the perspective of utilitarianism, probation is justified because by carrying out care orders, one can achieve goals such as preventing the repetition of crimes, reducing the possibility of causing harm to others, treating the criminal, morally reforming her, and compensating the victims.