Case Law: Fake Mask Sales Prosecutions In 2020
Legal Framework
During the COVID-19 outbreak, China treated fake mask sales as serious criminal offenses due to their direct impact on public health. The primary criminal provisions applied were:
Fraud (诈骗罪, Article 266 of the PRC Criminal Law) – for deceiving buyers into paying for masks that didn’t exist or were not delivered.
Selling Counterfeit or Substandard Products (销售伪劣产品罪) – for producing or distributing fake or defective masks.
Illegal Business Operations (非法经营罪) – in cases of unlicensed selling or price manipulation.
Courts often increased penalties because the crimes occurred during a public health emergency, where harm to victims and society is higher.
Case Studies
Case 1 – Guangzhou Huadu District: Three WeChat Fraud Cases
Facts:
Defendant Kuang promised 10,000 masks via WeChat and received 44,000 RMB but blocked the buyer and didn’t deliver.
Defendant Liu promised masks, got 7,800 RMB, but delivered nothing.
Defendant Yang offered 475 N95 masks, collected 4,750 RMB, but sent only fake shipping confirmation.
Legal Reasoning: All three were charged with fraud. Courts emphasized that committing fraud during a pandemic is socially dangerous and warrants heavier punishment.
Outcome:
Kuang: 2 years’ imprisonment + 10,000 RMB fine
Liu: 8 months imprisonment + 6,000 RMB fine
Yang: 7 months imprisonment + 5,000 RMB fine
Case 2 – Shenzhen: Zhang Jian
Facts: Zhang advertised masks via WeChat, collected money from a buyer, but either delivered fake masks or nothing at all.
Legal Reasoning: He committed fraud, exploiting the urgent pandemic demand.
Outcome: Zhang was prosecuted; authorities flagged it as a typical public-education case.
Case 3 – Inner Mongolia, Zhuozi County: Fake “3M” Masks
Facts: Suspects Wang, Tian, Shao, and Mao sold counterfeit 3M masks via WeChat and other channels. Police seized large quantities at a distribution site.
Legal Reasoning: Convicted under selling substandard products, with aggravating factor of endangering public health during a pandemic.
Outcome: Criminal detention of the suspects and seizure of the counterfeit masks.
Case 4 – Jiangsu, Yangzhou: Expired/Non-compliant Masks (Defendant Ji)
Facts: Ji bought over 96,000 masks, some expired. He removed expiration dates and sold them via WeChat, earning over 55,000 RMB.
Legal Reasoning: Selling medical devices that fail standards, especially during a health crisis, is a serious crime.
Outcome: Prosecution and strict punishment as a typical case, emphasizing deterrence.
Case 5 – Liaoning: Major Fake-Mask Manufacturing Ring
Facts: Six suspects operated a production site making counterfeit masks, producing over 80,000 fake masks.
Legal Reasoning: Convicted under selling substandard products. The ring endangered public health during the epidemic.
Outcome: Arrest of all suspects, seizure of counterfeit masks and production equipment.
Case 6 – Hangzhou, Yuhang District: Ma’s Large-Scale Online Fraud
Facts: Ma advertised masks online with fake certificates, defrauded nine victims, and collected over 930,000 RMB.
Legal Reasoning: Obtaining money through false representation constitutes fraud, aggravated by pandemic context.
Outcome: Ma surrendered voluntarily; sentenced to 11 years and 6 months imprisonment and fined 150,000 RMB.
Observations Across Cases
Pandemic Aggravation: All courts emphasized that these crimes during a public health crisis are more socially dangerous, justifying heavier penalties.
Digital Channels: Most fraud involved WeChat, online stores, and social networks, showing how digital platforms were exploited.
Wide Range of Crimes: Cases ranged from simple fraud to large-scale counterfeit mask production and sale of expired/unsafe masks.
Restitution Mitigation: Some defendants reduced sentences by compensating victims and obtaining their forgiveness.
Public Deterrence: Many cases were publicized as typical cases to deter similar crimes.
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