Imprisonment, due to segregation and its desocialising effects, is a penalty that, in addition to being particularly punitive, is the last legacy of an "exclusionary” concept of criminal law, which is strongly in conflict with the "inclusive” concept of criminal law shaped by the personalist principles sanctioned by modern constitutionalism. The goal to turn this penalty into a last resort can be pursued by making the choice between prison/exclusion and non-prison/inclusion not only based on the seriousness of the offence, but also trying to deal with the social dangerousness thorugh nondetentive measures and greater use of different kinds of probation. In practice, we can distinguish three types of offences. Firstly, serious offences, punished with over 4 years of imprisonment, in respect of which the convict’s social dangerousness is presumed and the sentence should be immediately executed, with a possibility of a suspension only in the final stages in order to apply parole as a probation instrument. Secondly, medium severity offences, punished with imprisonment up to 4 years, with respect to which, even with recidivists, the sentence should be suspended as a probation instrument. Finally, minor offences, punished with main sanctions other than imprisonment, with respect to which the sentence should be suspended in a special preventive function, through intimidation.
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