Currently, the stock of medical masks is in a hurry, and almost all mask manufacturers are working overtime to ensure full protection. However, at this time, a small number of criminals fished in troubled waters and took the opportunity to sell fake and inferior medical masks, which seriously threatened medical and health and the lives and health of the people. On February 4, the Information Office of the Heilongjiang Provincial Government held the seventh press conference on epidemic prevention and control in Heilongjiang Province. It was reported at the meeting that as of the 4th, the food, drug and environmental crime investigation departments of the public security organs at all levels in Heilongjiang Province had seized 24,679 counterfeit and inferior masks. During the epidemic prevention and control period Production and sales of fake and inferior medical masks What kind of crime may constitute? How will they be punished? Recently, the National Health Commission issued the "Guidelines for the Protection of People at Different Risks of Coronavirus Infection" and "Guidelines for the Use of Pneumonia Masks for the Prevention of Novel Coronavirus Infection". There are 4 types of masks recommended, namely: disposable medical masks, Medical surgical masks, KN95\N95 and above particulate protective masks, medical protective masks. During the SARS period in 2003, the State Food and Drug Administration promulgated the "Notice on the Classification of Medical Disposable Protective Clothing and Other Products" stipulating that from May 15, 2003, medical disposable protective clothing, medical protective masks and medical Surgical masks are classified as second-class medical devices for management. According to Article 4 of the Regulations on the Supervision and Administration of Medical Devices, the second category of medical devices are medical devices with moderate risks and require strict control and management to ensure their safety and effectiveness. It is required to obtain a medical device product registration certificate in accordance with the law when it is listed in the country, the manufacturer should obtain a medical device production license, and the operator should file for the second-class medical device operation. Therefore, the relevant national authorities have successively promulgated a series of national standards such as "Technical Requirements for Medical Protective Masks" and "Technical Requirements for Medical Surgical Masks" and the national pharmaceutical industry standards, bringing medical masks into the scope of strict management of medical devices. · Relevant legal regulations · 1. "Criminal Law of the People's Republic of China" Article 145 The production of medical devices and medical sanitary materials that do not meet the national or industry standards for the protection of human health, or the sale of medical devices and medical sanitation materials that are known to be incompatible with the national or industry standards for the protection of human health, Those who seriously endanger human health shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than 50% of the sales amount but not more than twice; 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 A fine of 50% or more but not more than twice the sales amount; if the consequences are particularly serious, a fixed-term imprisonment of more than ten years or life imprisonment, and a fine of more than 50% but less than twice the sales amount or confiscation of property. 2. The Supreme People’s Court and the Supreme People’s Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Concerning the Production and Sale of Fake and Inferior Commodities Article 6 Anyone who produces or sells medical devices or medical sanitary materials that do not meet the standards and causes minor injuries or other serious consequences shall be deemed as "causing serious harm to human health" as stipulated in Article 145 of the Criminal Law. The production and sale of medical equipment and medical sanitary materials that do not meet the standards, causing incurable diseases such as viral hepatitis, serious injuries to more than one person, minor injuries to more than three persons, or other serious consequences shall be deemed as "particularly serious consequences". The production and sale of medical equipment and medical sanitary materials that do not meet the standards, causing death, severe disability, HIV infection, serious injuries to more than three persons, minor injuries to more than ten persons, or other particularly serious consequences shall be deemed as "extraordinary circumstances" . Medical institutions or individuals who know or should know that they purchase or use medical equipment or medi