Health Code App Misuse And Criminal Penalties
Legal Framework
During the COVID-19 pandemic, China implemented Health Code apps to track citizens’ health status and movements. Misuse of these apps—such as falsifying health codes, aiding others to bypass quarantine, or illegally selling “green codes”—was treated as a criminal offense. The main provisions applied under the PRC Criminal Law were:
Fraud (诈骗罪, Article 266) – for obtaining money or benefits by falsifying health codes.
Endangering Public Safety (危害公共安全罪) – if misuse could spread infectious disease or hinder epidemic prevention.
Illegal Business Operations (非法经营罪) – for unlicensed sale of health code “services” or software.
Courts emphasized aggravating factors, especially endangering public health during a pandemic.
Case Studies
Case 1 – Shanghai: Zhang Falsifying Green Codes
Facts: Zhang sold fake green health codes via WeChat, charging 500 RMB per code. Buyers used these codes to avoid quarantine. Authorities discovered the operation when a buyer tested positive for COVID-19.
Legal Reasoning: The court applied fraud, aggravated by endangering public health.
Outcome: Zhang sentenced to 3 years imprisonment and fined 30,000 RMB.
Case 2 – Beijing: Li and Wang Assisting Code Manipulation
Facts: Li and Wang created software to change red/yellow health codes to green. They charged customers 1,200 RMB each. Their service was advertised in online forums and social media groups.
Legal Reasoning: Convicted under fraud and illegal business operations, as the software bypassed government monitoring systems.
Outcome: Both sentenced to 4 years imprisonment each and fined 50,000 RMB.
Case 3 – Guangdong: Fake Code Ring (Chen et al.)
Facts: Chen led a group of five people producing fake green codes for travelers during peak lockdown periods. They created QR codes and printed certificates to appear official.
Legal Reasoning: Endangering public safety was emphasized because the falsified codes could spread COVID-19 across cities.
Outcome: Chen received 6 years imprisonment, other members between 2–4 years, and all were fined. Authorities confiscated software and servers.
Case 4 – Hubei, Wuhan: Wang Selling Green Codes to Non-Residents
Facts: Wang used inside connections with local authorities to generate green health codes for outsiders. He charged 800–1,500 RMB per code.
Legal Reasoning: Court highlighted the abuse of official systems and public health risk.
Outcome: Wang sentenced to 5 years imprisonment and fined 60,000 RMB.
Case 5 – Zhejiang, Hangzhou: Liu Misusing Codes for Business Advantage
Facts: Liu falsified health codes for employees of his company to allow them to work during strict lockdowns.
Legal Reasoning: The act violated health regulations and fraud statutes, causing potential epidemic spread in the workplace.
Outcome: Liu sentenced to 2 years imprisonment, suspended for 3 years, with a small fine due to voluntary confession.
Case 6 – Chongqing: Online Platform for Green Code Sales
Facts: A network of three suspects set up an online service selling “guaranteed green codes” for travel. They collected over 200,000 RMB from customers.
Legal Reasoning: Court focused on large-scale fraud, endangerment to public health, and illegal business operations.
Outcome: Main defendant received 6 years imprisonment, co-defendants received 3–4 years.
Case 7 – Shaanxi: Xu Tampering Health App Data
Facts: Xu, a tech employee, exploited app vulnerabilities to change the health status of friends and family. He did not charge money.
Legal Reasoning: Since no monetary gain was involved, the court applied administrative punishment and criminal warning, not full fraud charges. Public health risk was still considered.
Outcome: Xu fined and given a short-term detention of 3 months, with a warning on criminal record.
Key Observations Across Cases
Digital Fraud Dominates: Most cases involved WeChat, online forums, and software tools.
Public Health Risk Aggravates Sentences: Courts treated misuse during COVID-19 as more dangerous than ordinary fraud.
Range of Penalties: From short-term detention and fines to 6-year imprisonment, depending on scale, public health risk, and profit gained.
Corporate/Individual Misuse: Both individuals and groups exploiting systems for personal or business gain were prosecuted.
Deterrence Focus: Many cases were publicized to warn citizens against digital manipulation of health monitoring systems.
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