Sentencing needs to be based on the charges. If you are not qualified to sell masks, reselling masks at high prices during the epidemic period may constitute a crime of illegal business operation and be sentenced to fixed-term imprisonment of not more than five years or criminal detention; And impose a fine of not less than one time but not more than five times the illegal income. If the quality of mask products at the point of sale is unqualified, it may also constitute the crime of selling unqualified medical devices, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than 50% but not more than two times the sales amount.

legal ground

Criminal law of the people's Republic of China

Article 225?

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.

Article 145

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Whoever produces medical devices or medical materials that do not meet the national or industrial standards for protecting human health, or sells medical devices or medical materials that knowingly do not meet the national or industrial standards for protecting human health, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount; Those who cause serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined not less than 50% but not more than two times the sales amount; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50% but not more than 2 times the sales amount or his property shall be confiscated.