The extensive consequences of a person’s death make it necessary to analyze the circumstances related to the right to burial of a person deprived of liberty, and particular the right to burial in accordance with the will expressed during the person’s lifetime. Taking up the issue of post mortem of a person deprived of liberty in the context of his or her religious freedom is additionally supported by the fact that a comprehensive legal analysis of this issue has not been carried out so far. Previous studies focus primarily on the possibility of persons deprived of liberty exercising the rights guaranteed to them directly in Art. 106 of the Code of Executive Penalties, carried out during the life of a person deprived of liberty. The purpose of the analyzes carried out here is to verify the hypothesis that the exercise of the right to burial of a person deprived of liberty is significantly influenced, or at least should be, by religious freedom and the arrangements made by this person in the event of death, in particular when the obligation to organize his or her funeral rests with the prison. or pretrial detention. The analyzes were carried out using the dogmatic-legal method, which involves examining applicable sources of law, jurisprudence and literature on the issues analyzed in the publication. The research conducted indicates the need to introduce legal regulations protecting the will of the deceased regarding his burial. Determining the rules for organizing the funeral of a person deprived of liberty should be of a general nature and take the form of generally applicable provisions. Perhaps the ongoing work on amending the Act on Cemeteries and Burial of the Dead will comprehensively regulate the so-called posthumous law.