The purpose of this law writing is to determine the judge legal considerations of construction evidence acquit the defendant of proving that the primary charges in gambling proceedings in accordance with the provisions of the Criminal Procedure Code.     This study included to the normative legal research. The approach used is case approach method. The types of data used are secondary data with library materials, which is include: books, literature, legislation, official documents, research results in the form of reports and other sources related to this research. Data obtained and analyzed with content analysis.       This research resulted that the judge consideration acquit the defendant of the primary charges in accordance with the provisions of the Criminal Procedure Code for verification has been done with the evidence in accordance with the provisions and consideration of the judge in accordance with the evidence and conditions.         The benefit derived from this study is to provide input to the judge in order to give consideration to decide a criminal case, the judge is expected to assess all of the things carefully and meticulously. Thus, it is needed the necessary evaluation and periodic training for judges to improve performance in order to enhance the professionalism of a judge in order to uphold justice and the rule of law.       Keywords: evidence, the charge, the judge