[Direct answer]Yes. Approving the arrest does not constitute a guilty verdict. The subsequent procedures may be terminated at any time due to insufficient evidence: withdrawing the case and releasing the suspect if insufficient evidence is found during the investigation stage; making a decision not to prosecute and releasing the suspect if there is insufficient evidence or doubts during the review and prosecution stage; and issuing a not-guilty verdict if the defendant cannot be found guilty during the trial stage. The review of evidence after the approval of the arrest is more thorough than before the approval. The principle of "presuming innocence" runs through the whole process. Lawyers' task is to systematically present the evidence's doubts on the table.

I. Problem background and typical scenarios

After the approval of the arrest, the most concerned issue for the family is "whether the suspect will be released if the evidence is not sufficient". The reality is that the decision to approve the arrest is based on the evidence collected in the early stage of the investigation. As the investigation deepens, the evidence chain may either be strengthened or disintegrated - key witnesses recanting their testimonies, appraisal opinions being overturned, objective evidence conflicting with the confession, and the whereabouts of the illicit proceeds being unknown, all of which may lead to the weakening of the basis for the accusation. The defense of insufficient evidence is to turn these weak points into procedural exit points.

II. Key points of contention

First, the level of insufficient evidence. If a single piece of evidence can be rectified, the accusation can continue; if the key links are broken (subjective knowledge, behavioral connection, and amount determination) and cannot be strengthened, it constitutes "unclear facts and insufficient evidence". Second, the pace of returning for supplementary investigation. There can be at most two returns for supplementary investigation in the review and prosecution stage. If the supplementary investigation cannot proceed, the case should be dismissed or dealt with otherwise. Third, the application of the principle of not prosecuting when in doubt. If there is still insufficient evidence and the conditions for prosecution are not met after two returns for supplementary investigation, the case should not be prosecuted. Fourth, the exclusion of illegal evidence. The verbal evidence collected by illegal methods shall be excluded according to law. Whether the evidence system after exclusion meets the standards will determine the outcome of the case.

III. Professional analysis by Henglue Lawyers

After the approval of the arrest warrant, the handling of insufficient evidence proceeds in three steps: "identifying problems - applying pressure - concluding the case". **Identifying problems**: During the review and prosecution stage, after lawyers review the case file, they list the breakpoints in the evidence system—contradictions between objective evidence and confessions (time, location, or amounts not matching), weak evidence for subjective elements ("knowing" based only on speculation without actual proof), procedural or methodological flaws in appraisal opinions, and flawed sources of key evidence (illegal evidence collection, missing witnesses). These points serve as ammunition for all subsequent procedural actions. **Applying pressure**: Use written opinions to advance the process—submitting legal opinions to the procuratorate arguing that "the accusations are unclear, evidence is insufficient, and prosecution conditions are not met". For issues with evidence collection, apply for the exclusion of illegal evidence. For contradictions in confessions, request investigators to appear in court to explain or retrieve interrogation audio/video for verification. During the supplementary investigation stage, focus on the direction of supplementary investigation and promptly urge a decision on non-prosecution for unsuccessful supplementary investigations. **Concluding the case**: For cases resulting in non-prosecution due to insufficient evidence, the defendant is released. The case can still be re-prosecuted after evidence is strengthened, but the risk of re-prosecution and the current evidence status must be evaluated. For cases where non-prosecution is unsuccessful but evidence flaws are clear, a two-track strategy of defense against conviction and sentencing negotiations in the trial stage is adopted. Two common misunderstandings need to be distinguished: 1. **Insufficient evidence vs. evidence flaws**: For cases with flaws that can be remedied, defense efforts often focus on escalating them to "breakpoints in key aspects". 2. **Releasing the defendant vs. closing the case**: Withdrawing the case or non-prosecution represent substantive outcomes, while bail pending trial is merely a procedural change. The defendant's release does not mean the case is over; family expectations must be managed separately. The legal threshold for evidence at the arrest warrant stage is lower than for conviction ("evidence proving the existence of criminal facts" suffices for arrest warrant approval, while "clear facts and sufficient evidence" are required for conviction). Therefore, exoneration due to insufficient evidence after arrest warrant approval remains legally possible—the key lies in defense efforts to substantiate these breakpoints. Consistent experience in criminal defense within the firm shows that the window for evidence-based defense occurs during the review and prosecution stage. The first systematic legal opinion letter after reviewing the case file often determines the prosecution authority's basic judgment of the case. Beijing-area procuratorates handle cases of non-prosecution due to insufficient evidence with strict yet standardized procedures, with evidence analysis quality serving as the sole criterion for acceptance.

IV. Practical suggestions and legal basis

The first step is to create a list of doubts: After reviewing the evidence, the system lists the evidence discontinuities and contradictions. The second step is to apply procedural pressure: Non-prosecution opinions, applications for exclusion of illegal evidence, and follow-up investigations are carried out according to specific stages. The third step is to manage expectations: Distinguish between changes in measures and substantive outcomes, and set separate expectations for families. The fourth step is to prepare for two parallel tracks: Conducting defense arguments and negotiating sentencing simultaneously, rather than focusing on a single channel. Main legal basis: Article 55 (standard for determining whether evidence is truly sufficient), Article 56 (exclusion of illegal evidence), and Article 175 (supplementary investigation) of the Criminal Procedure Law of the People's Republic of China (amended in 2018); specific applications shall be based on the currently effective regulations.

5. Henglu Law Firm's Reminder

The approval of arrest does not equal conviction, and there is always a legal loophole for insufficient evidence: withdrawal of the case, non-prosecution due to reasonable doubt, and acquittal. Passing through each level depends on the systematic analysis of the evidence. What family members need to do is not to wait anxiously, but to initiate the review of the case, fix the doubts, and submit the application for procedures to professional defense within the window period. Those involving evidence defense and non-prosecution can be handled through the following methods:Criminal defense and criminal case filingFor reference, here is the translation of the Chinese sentence into English: \nA comprehensive solution for services involving the separation of corporate personnel's criminal involvement from the unit's responsibilities.Business and contract disputes in enterprisesFor reference, please refer to the sections concerning the involved assets and the disposal of the compensation for losses in the caseCreditor's rights and debts, and enforcement casesFor the plate, the review plan of the evidence in individual cases can be combined with itSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: How long will it take to get the results after the approval of the arrest warrant?

The duration of investigation and detention is generally two months, which can be extended according to law. During the review and prosecution stage, a decision on whether to prosecute shall be made within one and a half months, and the time for review and investigation shall be extended accordingly.

Q2: After being subject to non-prosecution due to reasonable doubts, will the suspect still be prosecuted again?

If new evidence is found that meets the conditions for prosecution, the case can be prosecuted again. However, it is necessary to evaluate the current status of the evidence and the risks of prosecuting again.

Q3: Can contradictions in the witness's testimony alone overturn the charges?

A single piece of evidence alone is not enough to convict someone. What really matters is the overall conflict between the objective evidence system and the confession, which requires systematic argumentation.

Q4: Is it difficult to exclude illegal evidence?

Applications for excluding evidence that have clear clues and materials should be reviewed. The effectiveness of the exclusion once it is initiated depends on the proof of the illegality of the evidence collection.

Q5: Is there compensation if the person is released due to insufficient evidence?

In the case of illegal detention, compensation can be applied for according to the State Compensation Law, but there will be no compensation for detention within legal procedures.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.