After being infected, whether the state compensates depends on the degree of supervision and protection measures, the implementation and the psychological acceptance of the public. COVID-19 is an unknown serious infectious disease, which can be exempted as long as it is upgraded to the usual monitoring and safety measures.
Just like being infected by bus, train and plane, you can only take your own risks. It's like when we go to the hospital, we are infected with a certain disease and can't claim damages from the hospital.
The responsibility of state compensation is limited and bounded, and there must be a specific legal relationship, which cannot be based entirely on the results, otherwise it will become an objective and unlimited responsibility. Risk allocation cannot be entirely borne by the state. Detainees' bodies are confined to specific areas and lack the ability and conditions to help themselves and take care of themselves. Being infected is completely passive, so the prison must undertake the obligation of medical treatment.
Article 54 of the Prison Law stipulates that a prison shall set up medical institutions and sanitary facilities, and establish a sanitary system for prisoners. The medical care of criminals is included in the health and epidemic prevention plan of the prison area.
The law sets a number of specific application situations for criminal compensation and administrative compensation respectively.
Secondly, the state compensation is legal and conforms to the legal situation. The scope of criminal compensation for infected persons in the State Compensation Law does not include this situation.
Article 17 of the Compensation Law stipulates that if the organs, detention centers, prison management organs and their staff exercising the powers of investigation, prosecution and trial infringe upon personal rights in the exercise of their powers, the victims have the right to compensation:
(1) Taking detention measures against citizens in violation of the provisions of the Criminal Procedure Law, or taking detention measures against citizens in accordance with the conditions and procedures stipulated in the Criminal Procedure Law, but the detention time exceeds the time limit stipulated in the Criminal Procedure Law, and then deciding to dismiss the case, not to prosecute or terminate the acquittal, and investigate criminal responsibility;
(2) After taking measures to arrest a citizen, he decides to dismiss the case, not to prosecute, or to terminate the investigation of criminal responsibility after being acquitted;
(three) according to the procedure of trial supervision, the retrial is changed to innocence, and the original sentence has been executed;
(4) extorting a confession by torture or beating or maltreating others, causing bodily injury or death to citizens, or instigating or conniving others to beat or maltreat others;
(five) the illegal use of weapons and police equipment, resulting in physical injury or death of citizens.