If the evidence is insufficient and the arrest is illegal, the procuratorate will not approve the arrest if there is no evidence or insufficient evidence after reviewing the case submitted by the public security organ for approval of arrest. The arrest of suspects without evidence does not conform to the criminal procedure.
 Legal basis:
 Article 89 of the Criminal Procedure Law
 The examination and approval of the arrest of a criminal suspect by the People's Procuratorate shall be decided by the Procurator General. Major cases shall be submitted to the procuratorial committee for discussion and decision.
 Article 90
 After examining a case submitted by a public security organ for approval of arrest, the People's Procuratorate shall, according to the circumstances, decide whether to approve or disapprove the arrest. The public security organ shall immediately execute the decision to approve the arrest and promptly notify the People's Procuratorate of the execution. If the people's procuratorate does not approve the arrest, it shall give reasons, and if supplementary investigation is necessary, it shall at the same time notify the public security organ.