[Direct answer]It needs to be returned. Judicial detention is a coercive measure against acts that hinder civil litigation, not a criminal punishment, and it does not have the effect of extinguishing debts. The detention period is no more than 15 days. If the person subject to enforcement refuses to perform the judgments and rulings that have taken legal effect, the court may impose a fine or detain them in accordance with the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) on coercive measures against acts that hinder civil litigation. After the expiration of the detention period, they should still continue to perform their obligations. If they have the ability to perform but refuse to do so, and the circumstances are serious, they may also be guilty of the crime of refusing to enforce judgments and rulings in accordance with Article 313 of the Criminal Law of the People's Republic of China.

I. Problem background and typical scenarios

Such questions usually arise from three scenarios: the debtor is released after being detained by the judicial authorities for 15 days and believes that he/she no longer needs to repay the money because the case has been dealt with; the debtor's family members inquire everywhere whether the debt will be erased once the debtor is detained; and the creditor worries that the debtor will be even less willing to fulfill the obligation after being detained. It should be clarified first that detention addresses the issue of maintaining the order of enforcement actions, while fulfilling the debt obligation addresses the issue of civil obligations. The two are not mutually exclusive. Detention will only impose an additional unfavorable consequence on top of the debt repayment.

II. Key points of contention

First, a distinction in nature. Judicial detention is a coercive measure, not a criminal punishment, and cannot be offset against arrears. Fines, detention, and continued performance can be applied concurrently. Second, the connection with the crime of refusing to perform obligations. Those who have the ability to perform but fail to do so, conceal or transfer property, or engage in fraudulent settlements to waive their creditor's rights, etc., will be held criminally responsible if the circumstances are serious. Third, the approval process. Fines and detention shall be approved by the court president, and the detainee may apply for a review if he/she disagrees. Fourth, settlement and early release. After fulfilling the obligations or reaching and implementing a settlement agreement, the detainee may apply for early release from detention.

III. Professional analysis by Henglue Law Firm

From the practical observation of enforcement cases handled by our firm, detention often serves as a watershed moment: most debtors change their attitude after being detained, and the success rate of enforcement settlements actually increases, allowing creditors to advance detention measures and settlement negotiations simultaneously. However, there are also debtors who evade enforcement by receiving and making payments through their spouses' or relatives' accounts, or transferring vehicles and equity at low prices. In such cases, creditors should shift their focus from urging repayment to securing evidence and holding debtors accountable. Beijing courts have become increasingly strict in reviewing cases where debtors have the ability to perform but refuse to do so. Common pitfalls include: making verbal commitments to repay without leaving a written plan, which makes it difficult to prove repayment ability in the future; repeatedly applying for detention without submitting a list of property clues, exhausting all measures without making progress in recovering funds; and evading enforcement through fraudulent settlements, which may lead both parties to face criminal risks. Therefore, it is advisable to combine property investigation and control, application for enforcement measures, and the design of settlement clauses to achieve better results.

IV. Practical suggestions and legal basis

According to the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) on compulsory measures to hinder civil litigation, those who refuse to perform effective judgments and rulings may be fined or detained, with the detention period not exceeding 15 days; Article 313 of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended) stipulates that those who have the ability to execute effective judgments and rulings but refuse to do so shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine, and those whose circumstances are particularly serious shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be fined. The Interpretation of the Supreme People's Court on the Application of Law in the Trial of Criminal Cases Involving Refusal to Enforce Judgments and Rulings (Legal Interpretation [2015] No. 16, implemented on July 22, 2015) clarifies the conditions for prosecution and the path of private prosecution. Suggestions: Creditors should simultaneously apply for fines, detention, and restriction of consumption and inclusion in the list of dishonest individuals, and submit clues to the debtor's assets; if the debtor has the willingness to perform, he/she should promptly propose feasible solutions in writing and actually pay part of the amount to gain opportunities for applying for early release of the enforcement measures. 依据2021年12月24日修订、2022年1月1日施行的《中华人民共和国民事诉讼法》关于妨害民事诉讼强制措施的规定，对拒不履行生效判决、裁定的，可以处以罚款、拘留，拘留期限不超过十五日；1997年10月1日施行、经修正的《中华人民共和国刑法》第三百一十三条规定，对生效判决、裁定有能力执行而拒不执行，情节严重的，处三年以下有期徒刑、拘役或者罚金；情节特别严重的，处三年以上七年以下有期徒刑，并处罚金。2015年7月22日施行的《最高人民法院关于审理拒不执行判决、裁定刑事案件适用法律若干问题的解释》明确了追诉条件与自诉路径。建议：债权人同步申请罚款、拘留、限制消费及失信名单并提交财产线索；被执行人有履行意愿的，尽快书面提出可行方案并实际履行部分款项，为申请提前解除争取空间。

5. Henglu Law Firm's Reminder

It's a common misunderstanding to regard detention as an alternative to repaying debts. After the detention period expires, the principal of the debt, interest, and late payment penalties will not be reduced at all. Moreover, the debtor will face credit penalty and travel consumption restrictions. Creditors should not regard detention as the only means. Under long-term confrontation, it's more effective to continuously monitor the flow of funds. It should be noted that the property reporting system is mandatory, and false reporting itself may lead to fines and detention.Contract disputesFor enforcement cases involving clues to property transfers, the court may cooperate with the public security organ to conduct investigations and collect evidence in accordance with the law.Criminal defenseEvaluate the idea of transferring clues of refusal to execute and, when execution is impossible, you can also add unpaid shareholders to expand the liability property. The specific path is as follows:Creditor's rights and debts, and enforcement板块。Beijing Henglue Law FirmTip: The measures and the recovery of funds are two separate matters, and both need to be closely monitored.

VI. Frequently Asked Questions

Q1: Do I still need to pay back the money after being detained?

It is necessary. Detention is a coercive measure rather than a method of debt repayment. After the expiration of the detention period, the obligations determined by the effective judgment should still be fulfilled. If the obligations are not fulfilled within the time limit, interest on the debt during the delay in performance will be generated.

Q2: What evidence do I need to prepare?

The effective judgment and execution notice, the list of property clues (real estate, vehicles, equity, bank accounts, wages and receivables), the transfer records, the evidence of transferring property, and the clues of high-consumption activities.

Q3: What are the approximate costs involved?

Legal detention does not incur any fees. The enforcement application fee is borne by the person subject to enforcement, and the applicant usually does not need to make an advance payment. The criminal proceedings for prosecuting the crime of refusing to enforce the judgment are initiated by the state.

Q4: How long does the entire process take?

The detention period is less than 15 days. After fulfilling the obligations or reaching a settlement, the detainee can apply for early release. However, criminal cases usually take several months to investigate, prosecute, and adjudicate.

Q5: What should I do first?

Submit the property clues and applications in writing to the execution court, requesting measures such as fines, detention, consumption restrictions, and inclusion in the list of dishonest individuals. Applications involving suspected refusal to execute judgments will be referred to the public security organ for handling.

The above content is based on the judicial practices 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.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The Supreme People's Court and the Supreme People's Procuratorate (Typical Cases of Refusing to Comply with Court Orders · Case Three)
[Judicial Summary]After receiving the execution notice, the debtor agreed to divorce with his spouse and transferred all his property to his spouse's name, resisted the court's enforcement, and was detained by the judicial authorities for 15 days but still failed to comply with the judgment. His actions constituted the crime of refusing to enforce judgments and rulings, and the court sentenced him to detention and applied probation. Judicial detention is a coercive measure against acts that hinder enforcement, and does not exempt him from fulfilling the repayment obligations determined by the effective judgment.
[Source]The Supreme People's Court and the Supreme People's Procuratorate jointly released typical cases of refusal to enforce judgments and rulings (Case Three: Wang * and Wang * * Refusing to Enforce Judgments and Rulings) (2025-01)

[Case Number]The case number has not been made public.
[Trial Court]The Supreme People's Court and the Supreme People's Procuratorate (Typical Cases of Refusing to Comply with Court Orders· Case One)
[Judicial Summary]If the person subject to enforcement has the ability to perform but reaches a false settlement with the other party in the case and waives part of the due creditor's rights to evade enforcement, resulting in the inability to enforce the effective judgment, he/she shall be guilty of refusing to enforce the judgment and ruling; the court shall, in accordance with the law, transfer the clues of his/her crime to the public security organ for investigation, and sentence him/her to fixed-term imprisonment of eight months and six months respectively, and urge the parties to revoke the false settlement agreement and re-seal the involved real estate.
[Source]The Supreme People's Court and the Supreme People's Procuratorate jointly issued a typical case of refusal to enforce judgments and rulings (Case I: Hou ** and Qiu **'s case of refusal to enforce judgments and rulings) (2025-01).

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available 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 you encounter disputes, please consult a practicing lawyer in a timely manner.